Consumer Protection Act 2007

SCHEDULE 6

Redress for contravention of section 87

1. In this Schedule—

“Act of 1994” means the Terms of Employment (Information) Act 1994;

“employee” and “employer” have the same meaning as they have in the Act of 1994.

F105 [ 2. 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 87(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. ]

3. F106 [ ]

F107 [ 3A. 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 2 shall affirm, vary or set aside the decision of the adjudication officer. ]

4. (1) In proceedings under F108 [ Part 4 of the Workplace Relations Act 2015 ] in relation to a complaint that section 87(3) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.

(2) If a penalisation of an employee, in contravention of section 87(3) , constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee in respect of that penalisation both under F108 [ Part 4 of the Workplace Relations Act 2015 ] and under those Acts.