Protection of Employment Act 1977

Penalty for contravention of section 12.

13

F32[13.— (1) An employer who contravenes section 12 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F33[€5,000].]

F34[(2) Subject to subsection (3), a responsible person who contravenes section 12(4) 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 12.]

Annotations

Amendments:

F32

Section designated as subs. (1) (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 10(a), S.I. No. 303 of 2024.

F33

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.

F34

Inserted (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 10(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 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E17

Previous affecting provision: fine substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000), reg. 5(b); superseded as per F-note above.