Complaints to rights commissioner.

1. F11[In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 8A(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.]

(2) F12[…]

(3) F11[A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 8A(5) shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal within the meaning of section 8A(13), reinstatement or reengagement, or

(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

(4) F12[…]

2. F11[A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.]

Paragraphs 1 and 2: supplemental provisions.

3. (1) F12[…]

(2) F12[…]

(3) F12[…]

(4) F12[…]

(5) F12[…]

(6) F12[…]

F11[(7) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that section 8A(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.]

(8) (a) If penalisation of an employee, in contravention of section 8A(5), constitutes a dismissal of the employee, as referred to in paragraph (a) of the definition of ‘penalisation’ in section 8A(16), the employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with his or her consent) may institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal and, if the employee or his or her parent or guardian, as the case may be, does so, F11[a complaint in respect of the contravention shall not be referable to an adjudication officer under section 41 of the Workplace Relations Act 2015 or a mediation officer under section 39 of that Act].

(b) If an employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with his or her consent) presents F11[a complaint to the Director General of the Workplace Relations Commission under section 41 of the Workplace Relations Act 2015 in respect of a contravention] referred to in clause (a), the employee or his or her parent or guardian, as the case may be, may not institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2007 or to recover damages at common law for wrongful dismissal.

Enforcement of determinations of Labour Court.

4. F12[…]

Interpretation.

5. F12[…]]