Organisation of Working Time Act 1997
Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.
39.—(1) In this section “relevant authority” means a rights commissioner, the Employment Appeals Tribunal or the Labour Court.
(2) A decision (by whatever name called) of a relevant authority under this Act or an enactment F35[or statutory instrument] referred to in the Table to this subsection that does not state correctly the name of the employer concerned or any other material particular may, on application being made in that behalf to the authority by any party concerned, be amended by the authority so as to state correctly the name of the employer concerned or the other material particular.
TABLE
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Minimum Notice and Terms of Employment Acts, 1973 to 1991 |
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F36[National Minimum Wage Act, 2000 |
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Parental Leave Act, 1998] |
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Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991 |
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Redundancy Payments Acts, 1967 to 1991 |
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Unfair Dismissals Acts, 1977 to 1993 |
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F37[Parental Leave Act 1998 |
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Protection of Persons Reporting Child Abuse Act 1998 |
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European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000) |
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Carer’s Leave Act 2001 |
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Protection of Employees (Part-Time Work) Act 2001 |
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European Communities (Protection of Employees on the Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) |
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Protection of Employees (Fixed-Term Work) Act 2003] |
(3) The power of a relevant authority under subsection (2) shall not be exercised if it would result in a person who was not given an opportunity to be heard in the proceedings on foot of which the decision concerned was given becoming the subject of any requirement or direction contained in the decision.
(4) If an employee wishes to pursue against a person a claim for relief in respect of any matter under an enactment F38[or statutory instrument] referred to in subsection (2), or the Table thereto, and has already instituted proceedings under that enactment F39[or statutory instrument] in respect of that matter, being proceedings in which the said person has not been given an opportunity to be heard and—
(a) the fact of the said person not having been given an opportunity to be heard in those proceedings was due to the respondent’s name in those proceedings or any other particular necessary to identify the respondent having been incorrectly stated in the notice or other process by which the proceedings were instituted, and
(b) the said misstatement was due to inadvertence,
then the employee may apply to whichever relevant authority would hear such proceedings in the first instance for leave to institute proceedings against the said person (“the proposed respondent”) in respect of the matter concerned under the said enactment F40[or statutory instrument] and that relevant authority may grant such leave to the employee notwithstanding that the time specified under the said enactment F41[or statutory instrument] within which such proceedings may be instituted has expired:
Provided that that relevant authority shall not grant such leave to that employee if it is of opinion that to do so would result in an injustice being done to the proposed respondent.
(5) References in subsection (4) to the institution of proceedings in respect of any matter under an enactment F42[or statutory instrument] referred to in subsection (2), or the Table thereto, shall be construed as including references to the presentation of a complaint, or the referral of a dispute, in respect of the said matter, to the relevant authority concerned.
Annotations
Amendments:
F35
Inserted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003 (29/2003), s. 19(2)(b)(i), commenced on enactment.
F36
Inserted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 45, S.I. No. 96 of 2000
F37
Substituted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003 (29/2003), s. 19(2)(b)(ii), commenced on enactment.
F38
Inserted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003 (29/2003), s. 19(2)(c), commenced on enactment.
F39
Inserted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003(29/2003), s. 19(2)(c), commenced on enactment.
F40
Inserted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003 (29/2003), s. 19(2)(c), commenced on enactment.
F41
Inserted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003 (29/2003), s. 19(2)(c), commenced on enactment.
F42
Inserted (14.07.2003) by Protection of Employees (Fixed Term Work) Act 2003 (29/2003), s. 19(2)(d), commenced on enactment.
Modifications (not altering text):
C26
Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.
Transfer of functions from Employment Appeals Tribunal
66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.
(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.
(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.
(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.
(3) This section shall come into operation on the dissolution day.