Organisation of Working Time Act 1997

Complaints to rights commissioner.

27

27. (1) In this section “ relevant provision” means—

( a) any of the following sections, namely, section 6(2) , sections 11 to 23, or section 26 ,

F16 [ (aa) any of the following regulations of the Activities of Doctors in Training Regulations, namely, regulations 5 to 10, ]

( b) the provision referred to in section 6(1) of regulations, a collective agreement, registered employment agreement or employment regulation order referred to in that section, or

(c) paragraph 9 of the Fifth Schedule.

(2) F17 [ ]

(3) F18 [ A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely:

( a ) declare that the complaint was or, as the case may be, was not well founded,

( b ) require the employer to comply with the relevant provision,

( c ) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years remuneration in respect of the employee s employment. ]

(4) F17 [ ]

(5) F17 [ ]

(6) F17 [ ]

(7) F17 [ ]

(8) F17 [ ]

(9) F17 [ ]

(10) F17 [ ]

Annotations:

Amendments:

F16

Inserted (1.08.2004) by European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004), reg. 12(1)(f).

F17

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 10, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F18

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 ref. 10, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).