Workplace Relations Act 2015
SCHEDULE 7
Part 1
Amendment of Acts of the Oireachtas
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Reference (1) |
Number and Year (2) |
Short title (3) |
Extent of Amendment (4) |
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1. |
No. 26 of 1946 |
The following section is substituted for section 45A:
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“Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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45A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of an employment regulation order in relation to a worker shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) require the employer to comply with the employment regulation order, or |
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(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”. |
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The following section is substituted for section 45B: |
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“Decision of Labour Court on appeal from decision referred to in section 45A |
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45B. 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 section 45A, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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2. |
No. 4 of 1973 |
The following section is substituted for section 12: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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12. (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 4(2) or 5 may, where the adjudication officer finds that that section was contravened by the employer in relation to the employee who presented the complaint, include a direction that the employer concerned pay to the employee compensation for any loss sustained by the employee by reason of the contravention. |
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(2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute as to the entitlements of an employer under section 6 may include such directions as the adjudication officer considers appropriate.”. |
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The following section is inserted: “Decision of Labour Court on appeal from decision referred to in section 12 |
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12A. 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 section 12, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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3. |
No. 7 of 1977 |
The following sections are inserted in Part II: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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11A. 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 9 or 10 shall do one or more of the following, namely— |
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(a) declare that the complaint is or, as the case may be, is not well founded, |
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(b) require the employer to comply with the provision of the Act of 1977 concerned and, for that purpose, to take a specified course of action, |
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(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977. |
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Decision of Labour Court on appeal from decision referred to in section 11A |
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11B. 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 section 11A, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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4. |
No. 25 of 1991 |
The following section is substituted for section 6: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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6. (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 5 as respects a deduction made by an employer from the wages of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding— |
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(a) the net amount of the wages (after the making of any lawful deduction therefrom) that— |
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(i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or |
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(ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment, or |
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(b) if the amount of the deduction or payment is greater than the amount referred to in paragraph (a), twice the former amount. |
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(2) (a) An adjudication officer shall not give a decision referred to in subsection (1) in relation to a deduction or payment referred to in that subsection at any time after the commencement of the hearing of proceedings in a court brought by the employee concerned in respect of the deduction or payment. |
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(b) An employee shall not be entitled to recover any amount in proceedings in a court in respect of such a deduction or payment as aforesaid at any time after an adjudication officer has given a decision referred to in subsection (1) in relation to the deduction or payment.”. |
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The following section is substituted for section 7: “Decision of Labour Court on appeal from decision referred to in section 6 |
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7. 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 section 6, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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5. |
No. 5 of 1994 |
The following section is substituted for section 7: “Complaint to adjudication officer under section 41 of Workplace Relations Act 2015 |
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7. (1) An employee shall not be entitled to present a complaint under section 41 of the Workplace Relations Act 2015 in respect of a contravention of section 3, 4, 5 or 6, if the employer concerned has— |
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(a) complied with a direction under section 6A given in relation to the contravention before the commencement of section 8 of the Workplace Relations Act 2015, or |
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(b) been given a direction under that section in relation to the contravention and the period specified in the direction within which he or she is required to comply with the direction has not yet expired. |
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(2) 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 3, 4, 5 or 6 shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) either— (i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under section 3, 4, 5 or 6, or |
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(ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer, |
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(c) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer, |
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(d) order 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 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”. |
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The following section is substituted for section 8: “Decision of Labour Court on appeal from decision referred to in section 7 |
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8. 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 section 7, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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6. |
No. 34 of 1994 |
The following subsection is substituted for subsection (1) of section 30: |
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“(1) This Part does not apply to a dispute relating to— |
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(a) the dismissal of an employee, or |
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(b) a matter that is within the competence of the Authority under the 1989 Act.”. |
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The following section is substituted for section 32: “Decision under section 41 or 44 of Workplace Relations Act 2015 |
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32. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part II, III or IV (or any matter arising out of or related to such entitlement) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the adjudication officer may order— |
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(a) the grant of leave to the employee for such period as may be so specified, |
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(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the adjudication officer considers just and equitable having regard to all of the circumstances, or |
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(c) both such grant and such award. |
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(2) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision referred to in subsection (1) may include such directions to the parties to the appeal as the Labour Court considers necessary or expedient for the resolution of the matter, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the Labour Court may order— |
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(a) the grant of leave for such period as may be so specified, |
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(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the Labour Court considers just and equitable having regard to all of the circumstances, or |
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(c) both such grant and such award. |
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(3) In this section ‘remuneration’ includes allowances in the nature of pay and benefits in lieu of or in addition to pay.”. |
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Section 33A(1) is amended, in the definition of “proceedings” by— |
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(a) the substitution, in paragraph (a), of Part 4 of the Workplace Relations Act 2015” for “this Part”, |
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(b) the deletion, in paragraph (b), of “or the Circuit Court”, |
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(c) the substitution of “adjudication officer” for “rights commissioner” in each place that it occurs, and |
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(d) the substitution of “Labour Court” for “Tribunal” in each place that it occurs. |
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7. |
No. 2 of 1995 |
The following subsection is substituted for subsection (2) of section 32: “(2) This Part does not apply to— |
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(a) a dispute in relation to a dismissal, including a dismissal within the meaning of the Act of 1977, or the termination of a contract of employment, |
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(b) a claim under Part IV of the Act of 1967 as extended by section 29.”. |
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The following section is substituted for section 33: “Decision under section 41 or 44 of Workplace Relations Act 2015 |
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33. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an adopting parent and the relevant employer relating to the adopting parent’s entitlements under this Act or any matter in connection with such entitlements may include— |
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(a) such directions to the parties to the complaint as the adjudication officer considers necessary or expedient for the resolution of the matter, and |
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(b) an award of compensation (in favour of the adopting parent to be paid by the employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the adopting parent’s employment calculated in accordance with regulations under section 32, as the adjudication officer considers just and equitable having regard to all of the circumstances. |
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(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 subsection (1) may include— |
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(a) such directions to the parties to the complaint as the Labour Court considers necessary or expedient for the resolution of the matter, and |
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(b) an award of compensation (in favour of the adopting parent to be paid by the employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the adopting parent’s employment calculated in accordance with regulations under section 32, as the Labour Court considers just and equitable having regard to all of the circumstances. |
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(3) In this section ‘remuneration’ includes allowances in the nature of pay and benefits in lieu of or in addition to pay.”. |
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8. |
No. 16 of 1996 |
The following section is substituted for section 18: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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18. 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 13 or 17 shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) order the employer to take a specified course of action, |
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(c) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances.”. |
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The following section is substituted for section 19: “Decision of Labour Court on appeal from decision referred to in section 18 |
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19. 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 section 18, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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9. |
No. 20 of 1996 |
Transnational Information and Consultation of Employees Act 1996 |
The following section is inserted: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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17A. 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 17 shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) order the employer to take a specified course of action, |
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(c) order 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.”. |
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The following section is inserted: “Decision of Labour Court on appeal from decision referred to in section 17A |
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17B. 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 section 17A, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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10. |
No. 20 of 1997 |
Section 27 is amended by the substitution of the following subsection for subsection (3): |
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“(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) require the employer to comply with the relevant provision, |
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(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”. |
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The following section is substituted for section 28: “Decision of Labour Court on appeal from decision referred to in section 27(3) |
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28. 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 subsection (3) of section 27 shall affirm, vary or set aside the decision of the adjudication officer.”. |
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11. |
No. 30 of 1998 |
Section 18 is amended by the substitution of the following subsection for subsection (2): |
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“(2) This Part does not apply to a dispute— |
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(a) relating to a dismissal from employment, including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2007, |
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(b) consisting of a question to which section 39(15) of the Redundancy Payments Act 1967, applies.”. |
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The following section is substituted for section 21: “Decision under section 41 or 44 of Workplace Relations Act 2015 |
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21. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under this Act (or any matter arising out of or related to those entitlements or otherwise arising under this Act) or a decision of the Labour Court under section 44 of the said Workplace Relations Act 2015 on appeal from the first-mentioned decision, may contain such directions to the parties concerned as the adjudication officer or the Labour Court, as the case may be, considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer or the Labour Court, as the case may be, considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may specify— |
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(a) the grant to the employee of parental leave of such length to be taken at such time or times and in such manner as may be so specified, |
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(b) an award of compensation in favour of the employee concerned to be paid by the employer concerned, or |
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(c) both a grant referred to in paragraph (a) and an award referred to in paragraph (b). |
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(2) An award of compensation referred to in subsection (1) (b) shall be of such amount as the adjudication officer or the Labour Court, as the case may be, considers just and equitable having regard to all the circumstances but shall not exceed 20 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed. |
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(3) A decision of an adjudication officer or the Labour Court referred to in subsection (1) may, if the adjudication officer or the Labour Court, as the case may be, considers it reasonable having regard to the illness or other incapacity of the employee concerned or any other circumstance, include a direction that parental leave be taken at a time that does not accord with section 6(3). |
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(4) Without prejudice to the generality of subsections (1) and (2), a decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute referred to in subsection (1) may contain a direction that the commencement of parental leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11(1)), provided that the adjudication officer— |
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(a) is satisfied that the taking of such leave at the time specified in the notice under section 8(1) concerned would have a substantially adverse effect by reason of any of the matters specified in section 11(1), and |
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(b) considers that it is reasonable to give such a direction in the circumstances. |
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(5) Without prejudice to the generality of subsections (1) and (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 subsection (1) may contain a direction that the commencement of parental leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11(1)), provided that the Labour Court— |
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(a) is satisfied that the taking of such leave at the time specified in the notice under section 8(1) concerned would have a substantially adverse effect by reason of any of the matters specified in section 11(1), and |
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(b) considers that it is reasonable to give such a direction in the circumstances. |
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(6) Without prejudice to the generality of subsections (1) and (2), a decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute referred to in subsection (1) may contain a direction that— |
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(a) the period of parental leave concerned be curtailed or that its form be varied or its commencement postponed for a specified period, or |
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(b) parental leave taken by reason of being so curtailed be taken at a specified time, |
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provided that the adjudication officer considers that the giving of such direction is reasonable due to there being a serious and substantial change in circumstances affecting the employer or the employee. |
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(7) Without prejudice to the generality of subsections (1) and (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 subsection (1) may contain a direction that— |
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(a) the period of parental leave concerned be curtailed or that its form be varied or its commencement postponed for a specified period, or |
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(b) parental leave not taken by reason of being so curtailed be taken at a specified time, |
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provided that the Labour Court considers that the giving of such direction is reasonable due to there being a serious and substantial change in circumstances affecting the employer or the employee. |
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(8) Where appropriate, the confirmation document concerned shall be amended by the parties concerned so as to accord with a decision under this section. |
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(9) In this section ‘remuneration’ includes allowances in the nature of pay and benefits in lieu of or in addition to pay.”. |
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12. |
No. 49 of 1998 |
Section 4 is amended by— (a) the substitution, in subsection (2), of “under Part 4 of the Workplace Relations Act 2015 before an adjudication officer or the Labour Court” for “under this section before a rights commissioner or the Employment Appeals Tribunal”, |
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(b) the substitution, in subsection (3), of “under Part 4 of the Workplace Relations Act 2015” for “under this section”, |
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(c) the substitution of the following subsection for subsection (5): |
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“(5) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) require the employer to comply with subsection (1), and, for that purpose, require the employer to take a specified course of action, |
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(c) require the employer to pay to the employee compensation of such amount (if any) as is 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.”, and |
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(d) the substitution of the following subsection for subsection (6): |
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“(6) 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 subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.”, and |
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(e) the deletion of subsection (7). |
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13. |
No. 5 of 2000 |
Section 24 is amended by— (a) the substitution of the following subsection for subsection (1): |
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“(1) For the purposes of this section, a dispute between an employee and his or her employer as to the employee’s entitlements under this Act exists where the employee and his or her employer cannot agree on the appropriate entitlement of the employee to pay in accordance with this Act resulting in an alleged underpayment to the employee.”, |
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(b) the deletion of subsections (3), (5), (6) and (7), |
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(c) the substitution, in subsection (2), of “The Director General of the Workplace Relations Commission shall not entertain a dispute in relation to an employee’s entitlements under this Act and, accordingly, shall not refer the dispute to an adjudication officer under section 41 of the Workplace Relations Act 2015” for “A dispute cannot be referred to or dealt with by a rights commissioner”, and |
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(d) the substitution, in subsection (4), of— |
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(i) “an adjudication officer” for “a rights commissioner”, and |
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(ii) “the adjudication officer” for “the rights commissioner”. |
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Section 25 is amended by— (a) the deletion, in subsection (1), of “, and sections 24 to 32 (except section 24(2)), with the necessary modifications, shall apply accordingly”, |
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(b) the deletion of subsection (2), and |
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(c) the substitution of the following subsection for subsection (3): |
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“(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a matter that, by virtue of subsection (1), is a dispute for the purposes of section 24, it shall be presumed unless the contrary is proved on the balance of probabilities that any reduction in hours of work was for the purpose of avoiding the alleged increased liability referred to in subsection (1).”. |
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The following section is substituted for section 26: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
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26. (1) A decision of an adjudication officer in relation to a dispute in respect of the entitlements of an employee under this Act referred to the adjudication officer under section 41 of the Workplace Relations Act 2015 may contain— |
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(a) a direction to the employer to pay to the employee— |
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(i) an award of arrears, being the difference between any amount paid or allowed by the employer to the employee for pay and the minimum amount the employee was entitled to be paid or allowed in accordance with this Act in respect of the period to which the dispute relates, and |
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(ii) reasonable expenses of the employee in connection with the dispute, |
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(b) a requirement that the employer rectify, within a specified time (not being later than 42 days after the date the decision is communicated to the employer) or in a specified manner, any matter, including the payment of any amount, in respect of which the employer is in contravention of this Act, or |
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(c) both such direction and such requirement, as the adjudication officer considers appropriate. |
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(2) An adjudication officer shall maintain a register of all decisions made by him or her under this section and shall make the register available for inspection by members of the public during normal office hours.”. |
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The following section is substituted for section 29: “Decision of Labour Court on appeal from decision referred to in section 26 |
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29. (1) 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 section 26 shall either— |
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(a) affirm the decision of the adjudication officer, or |
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(b) contain— (i) a direction to the employer to pay to the employee— |
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(I)an award of arrears, being the difference between any amount paid or allowed by the employer to the employee for pay and the minimum amount the employee was entitled to be paid or allowed in accordance with this Act in respect of the period to which the dispute relates, and |
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(II)reasonable expenses of the employee in connection with the dispute, |
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(ii) a requirement that the employer rectify, within a specified time (not being later than 42 days after the date the decision is communicated to the employer) or in a specified manner, any matter, including the payment of any amount, in respect of which the employer is in contravention of this Act, or |
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(iii) both such direction and such requirement, as the Labour Court considers appropriate.”. |
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Section 34 is amended by the insertion of the following subsection: “(6) In this section ‘inspector’ has the same meaning as it has in the Workplace Relations Act 2015.”. |
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14. |
No. 19 of 2001 |
Section 2 is amended, in subsection (1), by the substitution of the following definition for the definition of Minister: “ ‘Minister’ means the Minister for Justice and Equality;”. |
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Section 17 is amended— (a) in subsection (1), by the deletion of the words “applies to any dispute between an employee and the employer relating to any entitlement of the employee under this Act (or any matter arising out of or related to such an entitlement) but”, and |
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(b) in subsection (2), by the substitution of “an adjudication officer within the meaning of the Workplace Relations Act 2015 or the Labour Court, as may be appropriate,” for “the rights commissioner”. |
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The following section is substituted for section 21: “Decision under section 41 or 44 of Workplace Relations Act 2015 |
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21. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute to which this Part applies between an employee and an employer concerning the employee’s entitlements under this Act may include— |
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(a) a grant of carer’s leave to the employee of such length to be taken at such time or times and in such manner as the adjudication officer may specify, |
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(b) an award of compensation (in favour of the employee concerned to be paid by the employer concerned) of such amount, not exceeding 26 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the adjudication officer considers just and equitable having regard to all of the circumstances, or |
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(c) both such grant and such award. |
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(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 subsection (1) may include— |
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(a) a grant of carer’s leave to the employee of such length to be taken at such time or times and in such manner as the Labour Court may specify, |
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(b) an award of compensation (in favour of the employee concerned to be paid by the employer concerned) of such amount, not exceeding 26 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the Labour Court considers just and equitable having regard to all of the circumstances, or |
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(c) both such grant and such award. |
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|
(3) Where appropriate, the confirmation document concerned shall be amended by the parties concerned so as to accord with a decision referred to in subsection (1) or (2). |
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|
(4) In this section ‘remuneration’ includes allowances in the nature of pay and benefits in lieu of or in addition to pay.”. |
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|
15. |
No. 27 of 2001 |
Schedule 1 is amended— (a) in paragraph 1, by— (i) the substitution of the following subparagraph for subparagraph (1): |
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|
“(1) 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.”, |
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|
(ii) the substitution of the following subparagraph for subparagraph (3): |
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|
“(3) 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, |
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|
(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 |
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|
(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.”, |
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|
(b) by the substitution of the following paragraph for paragraph 2: |
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|
“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(3), shall affirm, vary or set aside the decision of the adjudication officer.”, |
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|
(c) in paragraph 3 by— |
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|
(i) the substitution of the following subparagraph for subparagraph (7): |
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|
“(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.”, |
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|
(ii) the substitution, in clause (a) of subparagraph (8), of “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” for “such dismissal may not be presented to a rights commissioner under paragraph 1(1) ”, and |
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|
(iii) the substitution, in clause (b) of subparagraph (8), of “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” for “a complaint to a rights commissioner under paragraph 1(1) in respect of a dismissal”. |
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|
16. |
No. 45 of 2001 |
Section 15 is amended, in subsection (3), by the substitution of “under Part 4 of the Workplace Relations Act 2015” for “under this Part”. |
|
|
The following section is substituted for section 16: “Decision of adjudication officer under section 41 of the Workplace Relations Act 2015 |
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|
16. 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 9 or 15 shall do one or more of the following, namely— |
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|
(a) declare that the complaint was or, as the case may be, was not well founded, |
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|
(b) require the employer to comply with the relevant provision, |
|||
|
(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 2 years’ remuneration in respect of the employee’s employment.”. |
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|
The following section is substituted for section 17: “Decision of Labour Court on appeal from a decision referred to in section 16 |
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|
17. 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 section 16, shall affirm, vary or set aside the decision of the adjudication officer.” |
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|
17. |
No. 14 of 2002 |
Schedule 3 is amended— (a) in paragraph 2, by the substitution of “ Part 4 of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Employment Appeals Tribunal”, |
|
|
(b) in paragraph 3, by the substitution of Part 4 of the Workplace Relations Act 2015” for “this Schedule”, |
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|
(c) by the substitution of the following paragraph for paragraph 5: |
|||
|
“5. 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 50(3) 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 comply with section 50(3) and, for that purpose, require the employer to take a specified course of action, |
|||
|
(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.”, |
|||
|
(d) the insertion of the following paragraph: |
|||
|
“6A. 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 5, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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|
18. |
No. 29 of 2003 |
The following section is substituted for section 14:
“Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
|
|
14. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of this Act shall do one or more of the following, namely— |
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|
(a) declare whether the complaint was or was not well founded, |
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|
(b) require the employer to comply with the relevant provision, |
|||
|
(c) require the employer to reinstate or reengage the employee (including on a contract of indefinite duration), or |
|||
|
(d) 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 2 years’ remuneration in respect of the employee’s employment.”. |
|||
|
The following section is substituted for section 15: “Decision of Labour Court on appeal from decision referred to in section 14 |
|||
|
15. 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 section 14, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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|
19. |
No. 4 of 2004 |
The following subsection is substituted for subsection (5) of section 9: “(5) 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 8 shall do one or more of the following, namely— |
|
|
(a) declare that the complaint is or, as the case may be, is not well founded, |
|||
|
(b) direct that the conduct the subject of the complaint cease, or |
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|
(c) require the respondent to pay to the complainant compensation of such amount (if any) as the adjudication officer considers just and equitable in the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”. |
|||
|
The following section is substituted for section 10: “Decision of Labour Court on appeal from decision referred to in section 9 |
|||
|
10. 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 subsection (5) of section 9, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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|
20. |
No. 42 of 2004 |
Section 55M is amended— (a) in subsection (2), by the substitution of “adjudication officer under section 41 of the Workplace Relations Act 2015” for “rights commissioner”, |
|
|
(b) in subsection (3), by the substitution of “under Part 4 of the Workplace Relations Act 2015” for “before a rights commissioner or the Labour Court”, |
|||
|
(c) in subsection (4), by the substitution of Part 4 of the Workplace Relations Act 2015” for “this section”, |
|||
|
(d) the substitution of the following subsection for subsection (6): |
|||
|
“(6) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) 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 comply with subsection (1) and to take a specified course of action, or |
|||
|
(c) order 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.”, and |
|||
|
(e) the substitution of the following subsection for subsection (11): |
|||
|
“(11) 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 subsection (6), shall affirm, vary or set aside the decision of the adjudication officer.”. |
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|
21. |
No. 10 of 2005 |
The following section is substituted for section 28:
“Decision of adjudication officer under section 41 of Workplace Relations Act 2015 |
|
|
28. 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 27 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, 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.”. |
|||
|
The following section is substituted for section 29: “Decision of Labour Court on appeal from decision referred to in section 28 |
|||
|
29. 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 section 28, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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|
22. |
No. 9 of 2006 |
Employees (Provision of Information and Consultation) Act 2006 |
Schedule 3 is amended by— (a) the substitution of the following paragraph for paragraph 1: “Decision of adjudication officer 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 13 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, 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 2 years’ remuneration in respect of the employee’s employment.”, |
|||
|
and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: |
|||
|
“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.”, |
|||
|
23. |
No. 16 of 2006 |
Schedule 2 is amended— (a) by the substitution of the following paragraph for paragraph 1: |
|
|
“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 26(3) 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, 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.”, |
|||
|
and |
|||
|
(b) by the substitution of the following paragraph for paragraph 2: “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.”. |
|||
|
24. |
No. 19 of 2007 |
Schedule 6 is amended— (a) by the substitution of the following paragraph for paragraph 2: |
|
|
“2. 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 87(3) 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 comply with section 87(3) and, for that purpose, require the employer to take a specified course of action, 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.”, |
|||
|
(b) by the insertion of the following paragraph: |
|||
|
“3A. 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 2 shall affirm, vary or set aside the decision of the adjudication officer.”, and |
|||
|
(c) in paragraph 4— |
|||
|
(i) by the substitution, in subparagraph (1), of Part 4 of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Employment Appeals Tribunal”, and |
|||
|
(ii) by the substitution, in subparagraph (2), of “Part 4 of the Workplace Relations Act 2015” for “this Schedule”. |
|||
|
25. |
No. 13 of 2008 |
Section 26 is amended— (a) in subsection (2), by the substitution of “under Part 4 of the Workplace Relations Act 2015” for “under this section before a rights commissioner or the Employment Appeals Tribunal”, |
|
|
(b) in subsection (3), by the substitution of Part 4 of the Workplace Relations Act 2015” for “this section”, |
|||
|
(c) by the substitution of the following subsection for subsection (5): |
|||
|
“(5) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) 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 comply with subsection (1) and, for that purpose, require the employer to take a specified course of action, 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 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”, and |
|||
|
(d) by the insertion of the following subsection: |
|||
|
“(6A) 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 subsection (5) of section 26, shall affirm, vary or set aside the decision of the adjudication officer.”. |
|||
|
26. |
No. 6 of 2009 |
Section 62 is amended— (a) in subsection (2), by the substitution of Part 4 of the Workplace Relations Act 2015” for “this section before a rights commissioner or the Employment Appeals Tribunal”, |
|
|
(b) in subsection (3), by the substitution of Part 4 of the Workplace Relations Act 2015” for “this section”, |
|||
|
(c) by the substitution of the following subsection for subsection (5): |
|||
|
“(5) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) 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 comply with subsection (1) and, for that purpose, require the employer to take a specified course of action, 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.”, |
|||
|
(d) by the insertion of the following subsection: |
|||
|
“(8A) 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 subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.”, and |
|||
|
(e) by the deletion of subsection (4), (6), (7) and (8). |
|||
|
27. |
No. 34 of 2009 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 1: “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 223(3) 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, 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.”, and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
|||
|
28. |
No. 10 of 2010 |
Schedule 4 is amended by— (a) the substitution of the following paragraph for paragraph 1: “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 by IFI of section 38(1) 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 IFI to take a specified course of action, or |
|||
|
(c) require IFI to pay 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.”, and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
|||
|
29. |
No. 22 of 2011 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 1: “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 20(1) 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, 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 2 years’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”. |
|||
|
and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
|||
|
30. |
No. 40 of 2011 |
Schedule 4 is amended— (a) in paragraph 1, by— (i) the substitution of the following subparagraph for subparagraph (1): |
|
|
“(1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 67(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.”, |
|||
|
(ii) the substitution of the following subparagraph for subparagraph (3): |
|||
|
“(3) 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 67(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, 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.”, |
|||
|
(b) by the substitution of the following paragraph for paragraph 2: |
|||
|
“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(3), shall affirm, vary or set aside the decision of the adjudication officer.”, and |
|||
|
(c) in paragraph 3, by— |
|||
|
(i) the substitution, in subparagraph (7), of Part 4 of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Labour Court”, |
|||
|
(ii) the substitution, in clause (a) of subparagraph (8), of “an adjudication officer under section 41 of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1) ”, and |
|||
|
(iii) the substitution, in clause (b) of subparagraph (8), of “an adjudication officer under section 41 of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1) ”. |
|||
|
31. |
No. 13 of 2012 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 1:
“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 6, 11, 13(1), 14, 23 or 24 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 or hirer, as the case may be, to take a specified course of action (including reinstatement or reengagement of the employee or agency worker in circumstances where the employee or agency worker was dismissed by the employer or hirer), or |
|||
|
(c) require the employer or hirer, as the case may be, to pay to the employee or agency worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s or agency worker’s employment.”, |
|||
|
and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
|||
|
32. |
No. 25 of 2013 |
The Schedule is amended by— (a) the substitution of the following paragraph for paragraph 1:
“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 subsection (1) of section 35 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, 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.”, and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
||
|
33. |
No. 26 of 2013 |
Schedule 5 is amended by— (a) the substitution of the following paragraph for paragraph 1: “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.”, and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
|||
|
34. |
No. 14 of 2014 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 1: “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 12(1) 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, |
||
|
(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 260 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”, and |
|||
|
(b) the substitution of the following paragraph for paragraph 2: “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.”. |
.
Part 2
Amendment of Statutory Instruments
|
Reference (1) |
Number and Year (2) |
Short title (3) |
Extent of Amendment
(4) |
|
1. |
European Communities (Parental Leave) Regulations 2000 |
The following Regulation is substituted for Regulation 8: “8. An adjudication officer within the meaning of the Workplace Relations Act 2015 or the Labour Court may, if the adjudication officer or the Labour Court, as the case may be, considers it reasonable to do so, having regard to the illness or other incapacity of an employee entitled to parental leave by virtue of Regulation 3 or any other circumstance, direct that the leave be taken at a time other than a time that accords with Regulation 4.”. |
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2. |
European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 |
The following Regulation is substituted for Regulation 10: “Decision under section 41 of Workplace Relations Act 2015 10. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a provision (other than Regulation 4(4) (a) ) of these Regulations shall do one or more of the following, namely— |
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(a) declare that the complaint is or, as the case may be, is not well founded, |
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(b) require the employer to comply with these Regulations and, for that purpose, to take a specified course of action, or |
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(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable in the circumstances, but— |
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(i) in the case of a contravention of Regulation 8, not exceeding 4 weeks’ remuneration and, |
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(ii) in the case of a contravention of any other Regulation, not exceeding 2 years’ remuneration, |
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in respect of the employee’s employment calculated in accordance with regulations made under section 17 of the Unfair Dismissals Act 1977.”. |
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The following Regulation is substituted for Regulation 11: “Decision of Labour Court on appeal from decision referred to in Regulation 10 |
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11. 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 Regulation 10, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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3. |
European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 |
The following Regulation is substituted for Regulation 15: “Decision under section 41 of Workplace Relations Act 2015 15. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of these Regulations shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) require the employer to comply with the relevant provision, or |
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(c) require the employer to pay to the crew member compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the crew member’s employment.”. |
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The following Regulation is substituted for Regulation 16: “Decision of Labour Court on appeal from decision referred to in Regulation 10 |
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16. 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 Regulation 15, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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4. |
European Communities (European Public Limited - Liability Company) (Employee Involvement) Regulations 2006 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 2: “2. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a contravention of Regulation 19(1) shall do one or more of the following: |
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(a) declare that the complaint was or, as the case may be, was not well founded; |
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(b) require the relevant undertaking or the SE to take a specified course of action; |
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(c) require the relevant undertaking or the SE to pay to the person referred to in subparagraph (1) compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 2 years’ remuneration in respect of the person’s employment.”, and |
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(b) the substitution of the following paragraph for paragraph 3: |
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“3. 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 2 shall affirm, vary or set aside the decision of the adjudication officer.”. |
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5. |
European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 2: “Decision under section 41 of Workplace Relations Act 2015 2. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint by a person referred to in clause (a), (b), (c) or (d) of Regulation 20(1) of a contravention by a relevant undertaking of that Regulation shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) require the relevant undertaking or the SCE to take a specified course of action, or |
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(c) require the relevant undertaking or the SCE to pay to the person referred to in clause (a), (b), (c) or (d) of Regulation 20(1) 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 person’s employment.”, and |
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(b) the substitution of the following paragraph for paragraph 3: “Decision of Labour Court on appeal from decision referred to in paragraph 2 |
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3. 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 2, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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6. |
F94[…] |
F94[…] |
F94[…] |
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7. |
European Communities (Cross-Border Mergers) Regulations 2008 |
Schedule 2 is amended by— (a) the substitution of the following paragraph for paragraph 2: “Decision under section 41 of Workplace Relations Act 2015 |
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2. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint by a person referred to in clause (a), (b), (c) or (d) of Regulation 39(1) of a contravention by a relevant company of that Regulation shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded; |
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(b) require the relevant company to take a specified course of action; |
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(c) require the relevant company to pay to the person referred to in clause (a), (b), (c) or (d) of Regulation 39(1) compensation of such amount (if any) as adjudication officer considers just and equitable having regard to all the circumstances but not exceeding 2 years’ remuneration in respect of the person’s employment.”, and |
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(b) the substitution of the following paragraph for paragraph 3: “Decision of Labour Court on appeal from decision referred to in paragraph 2 |
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3. 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 2, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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8. |
European Communities (Working Conditions of Mobile Workers Engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations 2009 |
The following Regulation is substituted for Regulation 8: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 8. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of these Regulations shall do one or more of the following, namely— |
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(a) declare that the complaint was or was not well founded, |
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(b) require the employer to comply with the relevant provision, or |
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(c) require the employer to pay to the mobile worker 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 mobile worker’s employment.”. |
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The following Regulation is substituted for Regulation 9: “Decision of Labour Court on appeal from decision referred to in Regulation 8 |
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9. 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 Regulation 8, shall affirm, vary or set aside the decision of the adjudication officer.”. |
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9. |
European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 |
The following Regulation is substituted for Regulation 18: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 18. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of Regulation 5, 8, 9, 10, 11 or 12 shall do one or more of the following, namely— |
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(a) declare that the complaint was or, as the case may be, was not well founded, |
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(b) require the employer to comply with the provisions of these Regulations that have been contravened, or |
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(c) require the employer to pay the mobile worker 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 mobile worker’s employment (calculated in accordance with requirements under section 17 of the Unfair Dismissals Act 1977).”. |
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The following Regulation is substituted for Regulation 19: “Decision of Labour Court on appeal from decision referred to in Regulation 18 |
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19. 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 Regulation 18, shall affirm, vary or set aside the decision of the adjudication officer.”. |
Annotations
Amendments:
F94
Deleted (29.05.2020) by European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020 (S.I. No. 195 of 2020), reg. 7(3)(f).