Adoptive Leave Act 1995

F43 [ Decision under section 41 or section 44 of Workplace Relations Act 2015.

33

33. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an adopting parent and the relevant employer relating to the adopting parent s entitlements under this Act or any matter in connection with such entitlements may include

(a) such directions to the parties to the complaint as the adjudication officer considers necessary or expedient for the resolution of the matter, and

(b) an award of compensation (in favour of the adopting parent to be paid by the employer) of such amount, not exceeding 20 weeks remuneration in respect of the adopting parent s employment calculated in accordance with regulations under section 32, as the adjudication officer considers just and equitable having regard to all of the circumstances.

(2) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision of an adjudication officer referred to in subsection (1) may include

(a) such directions to the parties to the complaint as the Labour Court considers necessary or expedient for the resolution of the matter, and

(b) an award of compensation (in favour of the adopting parent to be paid by the employer) of such amount, not exceeding 20 weeks remuneration in respect of the adopting parent s employment calculated in accordance with regulations under section 32, as the Labour Court considers just and equitable having regard to all of the circumstances.

(3) In this section remuneration includes allowances in the nature of pay and benefits in lieu of or in addition to pay. ]

Annotations:

Amendments:

F43

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 ref. 7, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).