Parental Leave Act 1998

F37 [ Decision under section 41 or 44 of Workplace Relations Act 2015.

21

21. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under this Act (or any matter arising out of or related to those entitlements or otherwise arising under this Act) or a decision of the Labour Court under section 44 of the said Workplace Relations Act 2015 on appeal from the first-mentioned decision, may contain such directions to the parties concerned as the adjudication officer or the Labour Court, as the case may be, considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer or the Labour Court, as the case may be, considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may specify

(a) the grant to the employee of parental leave of such length to be taken at such time or times and in such manner as may be so specified,

(b) an award of compensation in favour of the employee concerned to be paid by the employer concerned, or

(c) both a grant referred to in paragraph (a) and an award referred to in paragraph (b).

(2) An award of compensation referred to in subsection (1) (b) shall be of such amount as the adjudication officer or the Labour Court, as the case may be, considers just and equitable having regard to all the circumstances but shall not exceed 20 weeks remuneration in respect of the employee s employment calculated in such manner as may be prescribed.

(3) A decision of an adjudication officer or the Labour Court referred to in subsection (1) may, if the adjudication officer or the Labour Court, as the case may be, considers it reasonable having regard to the illness or other incapacity of the employee concerned or any other circumstance, include a direction that parental leave be taken at a time that does not accord with section 6(3).

(4) Without prejudice to the generality of subsections (1) and (2), a decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute referred to in subsection (1) may contain a direction that the commencement of parental leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11(1)), provided that the adjudication officer

(a) is satisfied that the taking of such leave at the time specified in the notice under section 8(1) concerned would have a substantially adverse effect by reason of any of the matters specified in section 11(1), and

(b) considers that it is reasonable to give such a direction in the circumstances.

(5) Without prejudice to the generality of subsections (1) and (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 contain a direction that the commencement of parental leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11(1)), provided that the Labour Court

(a) is satisfied that the taking of such leave at the time specified in the notice under section 8(1) concerned would have a substantially adverse effect by reason of any of the matters specified in section 11(1), and

(b) considers that it is reasonable to give such a direction in the circumstances.

(6) Without prejudice to the generality of subsections (1) and (2), a decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute referred to in subsection (1) may contain a direction that

(a) the period of parental leave concerned be curtailed or that its form be varied or its commencement postponed for a specified period, or

(b) parental leave taken by reason of being so curtailed be taken at a specified time,

provided that the adjudication officer considers that the giving of such direction is reasonable due to there being a serious and substantial change in circumstances affecting the employer or the employee.

(7) Without prejudice to the generality of subsections (1) and (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 contain a direction that

(a) the period of parental leave concerned be curtailed or that its form be varied or its commencement postponed for a specified period, or

(b) parental leave not taken by reason of being so curtailed be taken at a specified time,

provided that the Labour Court considers that the giving of such direction is reasonable due to there being a serious and substantial change in circumstances affecting the employer or the employee.

(8) Where appropriate, the confirmation document concerned shall be amended by the parties concerned so as to accord with a decision under this section.

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

Annotations:

Amendments:

F37

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 ref. 11, S.I. No. 410 of 2015, subject to transitional provisions in subs. (3).

Editorial Notes:

E18

Relevant redress provision specified (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 41(5)(b)(ii), 44(1)(b)(i), sch. 6 parts 1 and 2 item 11, and sch. 7 part 1 item 11, S.I. No. 410 of 2015.

E19

Previous affecting provision: power pursuant to subs. (3) exercised (10.02.1999) by Parental Leave (Maximum Compensation) Regulations 1999 (S.I. No. 34 of 1999), in effect as per reg. 1; subsection substituted as per F-note above.