Equal Status Act 2000

Redress which may be ordered.

27

27. (1) Subject to this section, the types of redress for which a decision of the F65 [ Director of the Workplace Relations Commission ] under section 25 may provide are either or both of the following as may be appropriate in the circumstances:

( a ) an order for compensation for the effects of F66 [ the prohibited conduct concerned ] ; or

( b ) an order that a person or persons specified in the order take a course of action which is so specified.

(2) The maximum amount which may be ordered by the F65 [ Director of the Workplace Relations Commission ] by way of compensation under subsection (1)(a) shall be the maximum amount that could be awarded by the District Court in civil cases in contract.

F67 [ (3) The maximum amount specified in subsection (2) applies notwithstanding that conduct the subject of the investigation constituted

( a ) discrimination on more than one of the discriminatory grounds (other than the victimisation ground), or

( b ) both discrimination on one or more than one of those grounds (other than the victimisation ground) and harassment or sexual harassment.

(4) An order for compensation under this section may not be made in favour of the Authority in a case referred by it to the F65 [ Director of the Workplace Relations Commission ] under section 23(1) . ]

F68 [ (5) The types of redress for which the Circuit Court may provide on a reference under section 21(1A) are either or both of the following as may be appropriate in the circumstances of the particular case:

( a ) an order for compensation for the effects of the prohibited conduct concerned (including compensation for loss and damage suffered by the person injured as a result of the prohibited conduct in a way which is dissuasive and proportionate to the loss and damage suffered);

( b ) an order that a person or persons specified in the order take a course of action which is so specified,

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

Annotations:

Amendments:

F65

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F66

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 61(a), commenced on enactment.

F67

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 61(b), commenced on enactment.

F68

Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(d), S.I. No. 274 of 2008.