Workplace Relations Act 2015

28.

Compliance notice

28. (1) Where an inspector is satisfied that an employer has, in relation to any of his or her employees, contravened a provision to which this section applies, the inspector may serve a notice (in this section referred to as a “compliance notice”) on the employer.

(2) A compliance notice shall—

(a) state the grounds for the inspector’s being satisfied that there has been a contravention referred to in subsection (1),

(b) for the purpose of ensuring compliance by the employer concerned with F5 [ a provision to which this section applies ], require the employer to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and

(c) contain information regarding the bringing of an appeal under subsection (7) against the notice, including the manner in which an appeal shall be brought.

(3) A compliance notice shall not specify a date in accordance with paragraph (b) of subsection (2) that falls on or before the date by which an appeal under subsection (7) shall be brought.

(4) An inspector shall, if satisfied that the employer concerned has complied with a compliance notice, serve a notice in writing on the employer that he or she is so satisfied.

(5) Subsection (4) shall not operate to prevent an inspector from performing any of his or her functions under this Act in relation to the employer concerned, including in relation to the contravention to which the compliance notice referred to therein applies, after he or she serves a notice on the employer under that subsection.

(6) The inspector may—

(a) withdraw a compliance notice at any time, as he or she considers appropriate, or

(b) where no appeal is brought under this section, specify a date for the purposes of subsection (2)(b) that falls later than the date specified for that purpose in the compliance notice concerned, and notify the employer in writing accordingly.

(7) An employer may appeal a compliance notice served on him or her under this section to the Labour Court.

(8) An appeal under subsection (7) shall be brought in the manner prescribed by rules under subsection (5) of section 20 of the Act of 1946 not later than 42 days after the service of the compliance notice concerned.

(9) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (7).

(10) The Labour Court shall, upon an appeal under this section, do one of the following:

(a) affirm the compliance notice concerned;

(b) withdraw the compliance notice concerned; or

(c) withdraw the compliance notice and require the employer to whom the notice applies to comply with such directions as may be given by the Labour Court.

(11) An employer may appeal—

(a) a decision of the Labour Court to affirm, in accordance with paragraph (a) of subsection (10), a compliance notice served on him or her under this section, or

(b) a direction to him or her in accordance with paragraph (c) of that subsection,

to the Circuit Court.

(12) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (11).

(13) The Circuit Court shall, upon an appeal under subsection (11), do one of the following:

(a) affirm the decision or direction concerned;

(b) in the case of an appeal from a decision of the Labour Court affirming a compliance notice in accordance with paragraph (a) of subsection (10) , annul that decision and order the withdrawal of the compliance notice; or

(c) in the case of an appeal from a direction given in accordance with paragraph (c) of subsection (10), annul that direction.

(14) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

(15) This section shall not operate to prevent or restrict—

(a) the entitlement of any person to bring proceedings in accordance with this Act or F5 [ a provision to which this section applies ] for the purpose of securing compliance with F5 [ a provision to which this section applies ] in relation to that person, or

(b) the bringing or prosecuting of any proceedings for an offence under this Act or a relevant enactment.

(16) In this section “specified date” means, in relation to a compliance notice—

(a) where no appeal against the notice is brought under subsection (7), the date specified in the notice in accordance with paragraph (b) of subsection (2),

(b) where an appeal against the notice is brought under subsection (7) and the Labour Court affirms the notice in accordance with paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Labour Court so affirms the notice, or

(c) where an appeal to the Circuit Court is brought under subsection (11) and the Circuit Court affirms the decision of the Labour Court under paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Circuit Court so affirms that decision.

(17) This section applies to a provision specified in column (3) of Schedule 4 .

Annotations

Amendments:

F5

Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(d), S.I. No. 411 of 2015.