Protection of Employees (Temporary Agency Work) Act 2012

SCHEDULE 2

Redress for certain contraventions of Act

F6 [ Decision under section 41 of Workplace Relations Act 2015

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 6, 11, 13(1), 14, 23 or 24 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 or hirer, as the case may be, to take a specified course of action (including reinstatement or reengagement of the employee or agency worker in circumstances where the employee or agency worker was dismissed by the employer or hirer), or

(c) require the employer or hirer, as the case may be, to pay to the employee or agency worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years remuneration in respect of the employee s or agency worker s employment. ]

F6 [ Decision of Labour Court on appeal from decision referred to in paragraph 1

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. ]

Paragraphs 1 and 2: supplemental provisions.

3. F7 [ ]

Enforcement of determinations of Labour Court.

4. F7 [ ]

Provisions relating to winding up and bankruptcy.

5. F7 [ ]

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

6. Section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984 is amended, in paragraph ( a) of subsection (2), by the substitution of the following subparagraph for subparagraph (xxvi):

“(xxvi) any amount that an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1 (2) of Schedule 2 to the Protection of Employees (Temporary Agency Work) Act 2012 or a determination by the Labour Court under paragraph 2(1) of that Schedule.”.

Annotations:

Amendments:

F6

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 31, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F7

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 29, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Modifications (not altering text):

C2

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

Editorial Notes:

E9

Relevant redress provision for purposes of para. 1 specified (1.10. 2015) by Workplace Relations Act 2015 (16/2015), s. 41(5)(b)(i), (iii) and sch. 6 part 1 item 31, S.I. No. 410 of 2015.

E10

Relevant redress provision for purposes of para. 2 specified (1.10. 2015) by Workplace Relations Act 2015 (16/2015), s. 44(1)(b)(i), (iii) and sch. 6 part 2 item 31, S.I. No. 410 of 2015.