39.—(1) There shall be a Tribunal (which shall be known as the Redundancy Appeals Tribunal and is in this section hereinafter referred to as the Tribunal) to determine the appeals provided for in this section.

(2) The Tribunal shall consist of the following members—

(a) F84[a chairman who before his appointment shall have had not less than 7 years’ experience as a practising barrister or practising solicitor,]

(b) F85[not more than 5 vice-chairmen, ]

(c) F86[not less than 12 and not more than 30 ordinary members.]

(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

F87[(3A) Notwithstanding subsection (2), whenever the Minister is of the opinion that for the speedy despatch of the business of the Tribunal it is expedient that there should be added further vice-chairmen or further ordinary members (or both further vice-chairmen and further ordinary members), he may make such additional appointments, and the reference in subsection (4) shall include a reference to this subsection.]

(4) The appointments pursuant to subsection (3) of the ordinary members of the Tribunal shall be made—

(a) as to one-half of those members, being persons nominated for that purpose by an organisation representative of trade unions of workers, and

(b) as to the other half of those members, from among persons nominated for that purpose by a body or bodies representative of employers.

(5) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.

(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.

(b) A member of the Tribunal may be removed from office by the Minister.

(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4) (b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, died or was so removed from office.

(9) A vice-chairman of the Tribunal shall act as chairman thereof when so required by the chairman or the Minister and when so acting shall have all the powers of the chairman.

(10) A member of the Tribunal shall be paid such remuneration (if any) and allowances as may be determined by the Minister with the consent of the Minister for Finance.

(11) Whenever the chairman of the Tribunal is of opinion that, for the speedy dispatch of the business of the Tribunal, it is expedient that the Tribunal should act by divisions, he may direct accordingly and, until he revokes his direction, the Tribunal shall be grouped as so directed.

(12) Each division of the Tribunal shall consist of either the chairman or a vice-chairman of the Tribunal, an ordinary member of the Tribunal mentioned in subsection (4) (a) and an ordinary member of the Tribunal mentioned in subsection (4) (b).

(13) The Minister may, with the consent of the Minister for Finance, appoint such officers and servants of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such officers and servants shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

(14) The decision of the Tribunal on any question referred to it under this section shall be final and conclusive, save that any person dissatisfied with the decision may appeal therefrom to the High Court on a question of law.

(15) Any employer who is dissatisfied with a decision given by the Minister in relation to a rebate or with any decision given by a deciding officer in relation to any question specified in section F88[…] 38 (1) (e) or 38 (1) (f), or any employee who is dissatisfied with a decision given by a deciding officer under section 38 or with any decision of an employer under this Act F89[may appeal to the F90[Director General] against the decision;] provided however, that the F90[Director General] shall not be competent to decide whether or not an employee is or was at the material time in employment which is or was insurable for all benefits under the Social Welfare Acts F91[…].

(16) A deciding officer may if he so thinks proper, instead of deciding it himself, refer F92[…] to the F90[Director General] for a decision thereon any question which falls to be decided by him under section 38.

F93[(16A) The Director General shall refer to an adjudication officer for adjudication by that officer an appeal under subsection (15) or a question referred to the Director General under subsection (16).]

F93[(16B) Subsections (15) and (16) of section 41 of the Act of 2015 shall apply in relation to an appeal under subsection (15) or a question referred to the Director General under subsection (16) as they apply to a complaint or dispute to which the said section 41 applies, subject to the following modifications:

(a) references to complaint or dispute shall be construed as references to such an appeal or such a question;

(b) references in the said subsection (15) to complainant or respondent shall be construed as references to employee or employer;

(c) the reference in the said subsection (16) to parties to a complaint or dispute under that section shall be construed as a reference to the employee or employer concerned; and

(d) any other necessary modifications.]

(17) (a) The F90[adjudication officer] shall, on the hearing of any matter referred to it under this section, have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.

(b) Any person who, upon examination on oath authorised under this subsection, wilfully and corruptly gives false evidence or wilfully and corruptly swears anything which is false, being convicted thereof, shall be liable to the penalties for wilful and corrupt perjury.

(c) The F90[adjudication officer] may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the F90[adjudication officer] under this section or to produce any documents in his possession, custody or control which relate to any such matter.

(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding F94[€5,000].

F95[(17A) Proceedings in relation to any matter referred to an adjudication officer under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of the employee or employer, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.]

F95[(17B) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.

(b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the employee or employer in relation to whom the decision was made should not be published by the Commission.]

(18) The Tribunal shall submit an annual report to the Minister which shall be published.

(19) The Minister may make regulations giving effect to this section and such regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters—

(a) the procedure to be followed regarding the submission of appeals to the F90[Director General],

(b) the times and places of hearings by F90[an adjudication officer],

(c) the representation of parties attending hearings byF90[an adjudication officer],

(d) procedure regarding the hearing of appeals byF90[an adjudication officer],

(e) publication and notification of decisions of F90[an adjudication officer],

(f) notices relating to appeals or hearings byF90[an adjudication officer],

(g) the award by F90[an adjudication officer] of costs and expenses and the payment of such awards,

(h) an official seal of the Tribunal,

(i) for treating the Minister as a party to any proceedings before F90[an adjudication officer] where he would not otherwise be a party to them and entitling him to appear and be heard accordingly.