Protection of Young Persons (Employment) Act 1996

Emergency as defence.

14

14. (1) It shall be a defence to any proceedings taken against any employer for a breach of any of the provisions of this Act in relation to an employee who is a young person if such employer shows to the satisfaction of the court before which such proceedings are brought that any act occasioning such breach was rendered necessary or reasonably proper by the actual occurrence or the threat or reasonable anticipation of fire, flood, storm, violence, a breakdown of plant or machinery or any other emergency:

Provided that—

( a) the work is of a temporary nature and has to be performed immediately,

( b) adult workers are not available,

( c) the young person is allowed equivalent compensatory rest time within 3 weeks of the date of occurrence of the breach concerned, and

( d) the young person is paid at the rate of time plus a quarter for any time worked as a result of the emergency.

(2) A certificate signed by or on behalf of any Minister of the Government that an act done by or in relation to any young person employed by that Minister was rendered necessary by an emergency shall be evidence that such act was so rendered necessary.