Employment Equality Act 1998

Redress which may be ordered.

82

82.(1) Subject to this section, the types of redress for which a decision of the F142[Director General of the Workplace Relations Commission] under section 79 may provide are such one or more of the following as may be appropriate in the circumstances of the particular case:

(a) an order for compensation in the form of arrears of remuneration (attributable to a failure to provide equal remuneration) in respect of so much of the period of employment as begins not more than 3 years before the date of the referral under section 77(1) which led to the decision;

(b) an order for equal remuneration from the date referred to in paragraph (a);

(c) an order for compensation for the effects of acts of discrimination or victimisation which occurred not earlier than 6 years before the date of the referral of the case under section 77;

(d) an order for equal treatment in whatever respect is relevant to the case;

(e) an order that a person or persons specified in the order take a course of action which is so F143[specified;]

F144[(f) an order for re-instatement or re-engagement, with or without an order for compensation.]

(2) F145[]

(3) The types of redress for which the Circuit Court may provide on a reference under section 77(3) are such one or more of the following as may be appropriate in the circumstances of the particular case:

(a) an order for compensation in the form of arrears of remuneration (attributable to a failure to provide equal remuneration) in respect of so much of the period of employment as begins not more than 6 years before the date of the referral;

(b) an order for equal remuneration from the date of the referral;

(c) the orders referred to in F143[paragraphs (c) to (f)] of subsection (1);

(d) F145[]

and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation or remuneration which may be ordered by the Circuit Court by virtue of this subsection.

F146[(4) The maximum amount which may be ordered by the F142[Director General of the Workplace Relations Commission] by way of compensation under subsection (1)(c) or (1)(f) shall be

(a) in any case where the complainant was in receipt of remuneration at the date of the reference of the case, or if it was earlier, the date of dismissal, an amount equal to the greatest of

(i) 104 times the amount of that remuneration, determined on a weekly basis,

(ii) 104 times the amount, determined on a weekly basis, which the complainant would have received at that date but for the act of discrimination or victimisation concerned, or

(iii) 40,000,

or

(b) in any other case, 13,000. ]

(5) Where the case for which the redress is to be provided is referred to the F142[Director General of the Workplace Relations Commission] F145[] and arises—

(a) under Part III, or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant,

the F142[Director General of the Workplace Relations Commission] F145[] may, in addition to making an order for compensation, also order the payment of interest, at the rate which is applicable under section 22(1) of the Courts Act, 1981

(i) in respect of the whole or any part of the amount of the compensation, and

(ii) in respect of the period beginning on the relevant date and ending on the date of the payment,

and, for the purposes of subparagraph (ii), “the relevant date” means the first day of the period (if any) to which the compensation is expressed to be referable or, if there is no such period, the date of the reference under section 77(1).

F147[(6) (a) The maximum amount of compensation specified in subsection (4) applies notwithstanding that conduct the subject of the investigation by the F142[Director General of the Workplace Relations Commission] constituted

(i) discrimination on more than one of the discriminatory grounds, or

(ii) both discrimination on one or more than one of such grounds and harassment or sexual harassment.

 (b) In paragraph (a) discrimination does not include non-compliance with an equal remuneration term.

(7) An order for compensation under this section may not be made in favour of the Authority in a case referred by it to the F142[Director General of the Workplace Relations Commission] under section 85(1).

(8) Where an act constitutes victimisation under both this Act and the Equal Status Act 2000, redress may be provided under only one of them.

(9) Where a delay in referring a case under this Act to the F142[Director General of the Workplace Relations Commission] or Circuit Court is attributable to the respondents having misrepresented to the complainant the facts of the case, references in this section to the date of referral shall be construed as references to the date of the misrepresentation.]

Annotations

Amendments:

F142

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F143

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 16(a) and 18(a), commenced on enactment.

F144

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 16(b) and 19(a), commenced on enactment.

F145

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 17, 18(b), 19(b) and 20(a) and (b), commenced on enactment.

F146

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 25(1), commenced on enactment, subject to subs. (2) which provides that the substitution applies as respects a claim under s. 77(1) where the act or omission occurs after the substitution date.

F147

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 36, commenced on enactment.