Protection of Employees (Employers Insolvency) Act 1984
Complaints to Tribunal.
9.—F74[(1) A person who has applied for a payment—
(a) under section 6 of a debt described in subparagraph (i), (ii) or (iv) of subsection (2)(a) of that section, or
(b) to be made under section 7 of this Act into the resources of a pension scheme,
may present a complaint to the Director General that—
(i) the Minister has failed to make such payment, or
(ii) any such payment made by the Minister is less than the amount that the Minister is required to pay under section 6 or 7, as may be appropriate.]
F75[(1A) The Director General shall refer a complaint presented to him or her under subsection (1) for adjudication by an adjudication officer.
(1B) An adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the decision by the Minister in relation to the application to which the complaint relates.
(1C) An adjudication officer may entertain a complaint to which this section applies presented to the Director General after the expiration of the period referred to in subsection (1B) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.]
F74[(3) Where a claim for payment is made under section 6 or 7 and it appears to the Minister that a doubt exists as to whether or not such claim is allowable (in whole or in part), he may refer any matter arising in connection with the claim to the Director General, and the Director General shall refer the matter for adjudication by an adjudication officer.]
(4) Where on the hearing of a complaint presented under this section the F74[adjudication officer] finds that the Minister is liable to make a payment under section 6 or 7 of this Act, F74[he] shall make a declaration to that effect and shall specify in the declaration the amount of such payment.
F77[(4A) (a) An adjudication officer may require a person giving evidence in proceedings in relation to a complaint under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.
(b) A person who, in or for the purpose of proceedings in relation to a complaint under this section, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.
(4B) (a) An 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 proceedings in relation to a complaint under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.
(b) A person to whom a notice under paragraph (a) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.
(c) A notice under paragraph (a) 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 or she ordinarily resides.
(d) A person to whom a notice under paragraph (a) has been given who—
(i) fails or refuses to comply with the notice, or
(ii) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,
shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.
(4C) Proceedings in relation to a complaint 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 a party to the proceedings, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.
(4D) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every declaration of an adjudication officer under this section.
(b) In publishing a declaration under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the declaration was made should not be published by the Commission.
(4E) The Minister may, by regulations, make provision in relation to any matter relating to the presentation of, the referral of, or the hearing of a complaint under this section that he or she considers appropriate.]
F75[(6) In this section—
‘adjudication officer’ has the same meaning as it has in the Act of 2015; and
‘Director General’ means the Director General of the Workplace Relations Commission.]
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(a), (c), (d), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(b), (e), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).
Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(3)(f), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).
Inserted (29.07.2021) by Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021), s. 10, S.I. No. 397 of 2021. A class B fine means a fine not exceeding €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5(1), S.I. No. 662 of 2010. A class E fine means a fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8(1), S.I. No. 662 of 2010.