Maternity Protection Act 1994

Protection of employee’s rights on insolvency of employer.

41

41.—(1) In the Protection of Employees (Employers’ Insolvency) Act, 1984, section 6 (which provides for certain amounts to be paid out of the Redundancy and Employees’ Insolvency Fund) shall be amended in accordance with this section.

(2) In subsection (2) (a), for subparagraph (v) there shall be substituted—

“(v) any amount which an employer is required to pay by virtue of—

(I) a determination under section 8 (1) or 9 (1) or an order under section 10 (2) of the 1977 Act, or

(II) a decision, determination or order under Part V of the Maternity Protection Act, 1994,

and made, in any case, not earlier than the commencement of the relevant period,”.

(3) In subsection (4) (c), after subparagraph (iii) there shall be inserted—

“(iv) A payment shall not be made under this section in respect of an amount to which a decision under Part V of the Maternity Protection Act, 1994, relates unless—

(I) in case an appeal from the decision to the Tribunal is brought under the Part in question, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(v) A payment shall not be made under this section in respect of an amount to which a determination under Part V of the Maternity Protection Act, 1994, relates unless—

(I) in case an appeal from the determination is brought to the High Court under the Part in question, the appeal is withdrawn, or

(II) in case there is no appeal, the time for bringing such an appeal has expired.”.

Annotations

Editorial Notes:

E46

These amendments to Protection of Employees (Employers’ Insolvency) Act 1984, s. 6(2) and (4) remain current but have been amended further. Subs. (2)(a)(v)(II) was superseded (3.12.1998) by an amendment made by Parental Leave Act 1998 (30/1998), s. 26(1) and (2), commenced as per s. 1(2) and was superseded in turn (2.07.2001) by an amendment made by Carer’s Leave Act 2001 (19/2001), s. 30(a), commenced on enactment.

Subs. (4)(c)(iv) and (v) were superseded (3.12.1998) by an amendment made by Parental Leave Act 1998 (30/1998), s. 26(1) and (3), commenced as per s. 1(2) and superseded in turn (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 30(b), commenced on enactment.