Employment Permits Act 2006

SCHEDULE 2

Redress for Contravention of section 26 (3)

F72 [ 1. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 26(3) 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 take a specified course of action, or

(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances. ]

F72 [ 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 paragraph 1 shall affirm, vary or set aside the decision of the adjudication officer. ]

3. F73 [ ]

4. F73 [ ]

Provisions relating to winding up and bankruptcy.

5. (1) There shall be included among the debts which, under section 285 of the Companies Act 1963 (as amended by section 10 of the Companies (Amendment) Act 1982 and section 134 of the Companies Act 1990) are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1) by the company to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided by rules made under that Act.

(2) There shall be included among the debts which, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1) by the bankrupt or arranging debtor, as the case may be, to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided under that Act.

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.

6. (1) Section 1(1) of the Protection of Employees (Employers’ Insolvency) Act 1984 (as amended by the European Communities (Protection of Employees (Employers’ Insolvency)) Regulations 2005) is amended by inserting, after the definition of “the Act of 2004”, the following:

“‘the Act of 2006’ means the Employment Permits Act 2006;”.

(2) Section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984 (as so amended) is amended—

( a) in subsection (2)( a)—

(i) in subparagraph (xxiv), after “of the Act of 1990,” by deleting “and”,

(ii) in subparagraph (xxv), by substituting “Act of 2004, and” for “Act of 2004.”,

(iii) by inserting after subparagraph (xxv) the following:

“(xxvi) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)( b) of Schedule 2 to the Act of 2006 or a determination by the Labour Court under paragraph 2(1) of that Schedule.”,

( b) in subsection (2)( b), by substituting “, (xxv) or (xxvi)” for “or (xxv)”,

( c) in subsection (2)( c), by substituting “, (xxv) or (xxvi)” for “or (xxv)”, and

( d) in subsection (9), in the definition of “relevant date”, by substituting “, (xxv) or (xxvi)” for “or (xxv)”.