Central Bank (Supervision and Enforcement) Act 2013

SCHEDULE 5

Redress for Contravention of section 41 (1)

F16 [ Decision under section 41 of Workplace Relations Act 2015

1. 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 41(1) of this Act 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 37(3), 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 the circumstances, but not exceeding 2 years remuneration in respect of the employee s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .

Decision of Labour Court on appeal from decision referred to in paragraph 1

2. 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, shall affirm, vary or set aside the decision of the adjudication officer. ]

Paragraphs 1 and 2: supplemental provisions.

3. F17 [ ]

Enforcement of determinations of Labour Court.

4. F17 [ ]

Provisions relating to winding-up and bankruptcy.

5. F17 [ ]

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.

6. F17 [ ]

Annotations

Amendments:

F16

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52 and sch. 7 part 1 item 33, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F17

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 31, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:

E25

Redress provisions specified (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 41(5)(b)(i) and sch. 6 part 1 item 33, and s. 44(5)(i) and sch. 6 part 2 item 33, S.I. No. 410 of 2015.