Protection of Employment Act 1977

Penalty for contravention of section 9 or 10.

11

F23[11.—(1) An employer who fails to initiate consultations under section 9 or fails to comply with section 10 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F24[€5,000].]

F25[(2) Subject to subsection (3), a responsible person who fails to initiate consultations under section 9 or fails to comply with section 10 shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

(3) In proceedings for an offence under subsection (2), it shall be a defence for a person against whom such proceedings are brought to show that, having exercised all reasonable professional care and skill, he or she had reasonable grounds for believing that the employer had complied with the obligations imposed on an employer under section 9 or 10.]

Annotations

Amendments:

F23

Section designated as subs. (1) (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 7(a), S.I. No. 303 of 2024.

F24

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 13, commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F25

Inserted (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 7(b), S.I. No. 303 of 2024. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010v(8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E11

Amount payable under fixed payment notice for breach of section set at €2,000 (29.12.2023) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023 (S.I. No. 705 of 2023), reg. 4(1).

E12

Offence under section designated a relevant offence for purposes of fixed payment procedure (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 36(5)(a), S.I. No. 410 of 2015.

E13

Previous affecting provision: amount payable under fixed payment notice for breach of section set at €2,000 (1.10.2015) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015), reg. 4(1); revoked (29.12.2023) by Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023 (S.I. No. 705 of 2023), reg. 5(a).