Workplace Relations Act 2015

41

Presentation of complaints and referral of disputes

41. (1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1or 2of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.

(2) An employee or an employer (in this Act also referred to as a “complainant”) or, where the complainant so consents, a specified person, may refer a dispute as to the entitlements of the employee under an enactment specified in Part 3 of Schedule 5 to the Director General, and, where a dispute is so referred, the Director General shall, subject to section 39, refer the dispute for adjudication by an adjudication officer.

(3) (a) An agency worker (in this Act also referred to as a “complainant”) within the meaning of the Act of 2012 or any trade union of which the agency worker is a member, with the consent of the agency worker, may present a complaint to the Director General that the hirer (within the meaning of that Act) of the agency worker has contravened section 11, 14 or 24 of that Act in relation to the agency worker, and where a complaint is so presented the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.

(b) References to employee and employer in the subsequent provisions of this Part shall, in so far as they relate to a complaint to which this subsection applies, be construed as references to agency worker within the meaning of the Act of 2012 and hirer within the meaning of that Act respectively.

F19[(3A) An employer or a trade union representative of an employer affected by an agreement specified in paragraph 29 of Part 1 of Schedule 5 may present a complaint to the Director General that an employer affected by the agreement has contravened the agreement and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.]

(4) The Director General shall refer for adjudication by an adjudication officer a complaint or dispute referred to him or her under paragraph (b) of subsection (3) of section 42 by the Labour Court.

(5) (a) An adjudication officer to whom a complaint or dispute is referred under this section shall—

(i) inquire into the complaint or dispute,

(ii) give the parties to the complaint or dispute an opportunity to—

(I) be heard by the adjudication officer, and

(II) present to the adjudication officer any evidence relevant to the complaint or dispute,

(iii) make a decision in relation to the complaint or dispute in accordance with the relevant redress provision, and

(iv) give the parties to the complaint or dispute a copy of that decision in writing.

(b) In this subsection “relevant redress provision” means—

(i) in relation to a complaint under this section of a contravention of a provision of an enactment specified in Part 1 or 2 of Schedule 5 the provision of that enactment specified in Part 1 of Schedule 6,

(ii) in relation to a dispute as to the entitlements of an employee under an enactment specified in Part 3 of Schedule 5, the provision of that enactment specified in Part 1 of Schedule 6, and

(iii) in relation to a complaint under subsection (3), paragraph 1 of Schedule 2 to the Act of 2012.

(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(7) Subject to subsection (8), an adjudication officer shall not entertain a dispute referred to him or her under this section if—

(a) in the case of a dispute relating to the entitlement of an adopting parent under the Act of 1995, it has been referred to the Director General after the expiration of the period of 6 months beginning on—

(i) the day of placement (within the meaning of that Act) or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the adopting parent’s intention to take leave under that Act (whether adoptive leave or additional adoptive leave, within the meaning of that Act), or

F20[(ii) in the case of a surviving parent (within the meaning of that Act), the date on which the qualifying adopter (within the meaning of that Act) who was the spouse, civil partner or cohabitant, as the case may be, of the surviving parent died,]

(b) in the case of a dispute relating to the entitlement of an employee under the Carer’s Leave Act 2001, it has been referred to the Director General after the expiration of the period of 6 months beginning on the date of the contravention concerned,

(c) in the case of a dispute relating to the entitlement of an employee under the Act of 1994, it has been referred to the Director General after the expiration of the period of 6 months beginning on the date on which the employer is informed—

(i) that the employee is pregnant, has recently given birth or is breastfeeding,

(ii) in the case of an employee who is the expectant father of a child, that the expectant mother of the child is pregnant, or

(iii) in the case of an employee who is the F21[father or other parent] of a child who has been born, that the child’s mother has died,

(d) in the case of a dispute relating to the entitlement of an employee under the National Minimum Wage Act 2000, it has been referred to the Director General after the expiration of the period of 6 months beginning on—

(i) the date on which the employee obtains a statement of his or her average hourly rate of pay in respect of the relevant pay reference period in accordance with section 23 of that Act,

(ii) in circumstances where that statement is not provided having been requested by the employee to be provided to him or her, the day after the date of expiration of the time within which that statement was required to be provided by the employer in accordance with that section, or

(iii) in the case of a dispute to which section 25 of that Act applies, the date on which the employee’s hours of work were reduced or alleged to have been reduced, F22[]

(e) in the case of a dispute relating to the entitlement of an employee under the Parental Leave Act 1998, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of F23[the dispute,]

F24[(f) in the case of a dispute relating to the entitlement of an employee under the Paternity Leave and Benefit Act 2016, it has been referred to the Director General after the expiration of the period of 6 months beginning on

(i) in the case of an employee to whom paragraph (a) of the definition of relevant parent within the meaning of that Act applies, the day of placement within the meaning of that Act or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the relevant parents intention to take leave under that Act,

(ii) in the case of an employee to whom paragraph (b) of the definition of relevant parent within the meaning of that Act applies, the date on which the employer is informed that the expectant mother of the child concerned is pregnant, or

(iii) in the case of a surviving parent within the meaning of that Act, the date on which the employer is informed that F20[the qualifying adopter] within the meaning of that Act or mother of the child, as the case may be, F25[has died,]]

F26[(g) in the case of a dispute relating to the entitlement of an employee under the Parents Leave and Benefit Act 2019, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of F21[the occurrence of the dispute,]]

F27[(h) in the case of a dispute relating to the entitlement of an employee under the Sick Leave Act 2022, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of F21[the occurrence of the dispute, and]]

F28[(i) in the case of a dispute relating to the entitlement of an employee or the obligation of the employer, as the case may be, under Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of the dispute.

(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.

(9) (a) A complaint to which this section applies shall be presented to the Director General under subsection (1) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(b) A dispute to which this section applies shall be referred to the Director General under subsection (2) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(c) The Director General shall cause a copy of the notice under paragraph (a) or (b) to be given to the other party to the complaint or dispute concerned.

(10) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.

(11) A person to whom a notice under subsection (10) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.

(12) A person to whom a notice under subsection (10) has been given who

(a) fails or refuses to comply with the notice, or

(b) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,

shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.

F30[(12A) (a) An adjudication officer may require a person giving evidence in proceedings under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.

(b) A person who, in or for the purpose of proceedings under this section, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.]

F31[(13) Proceedings under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of a party to the proceedings, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.]

F31[(14) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.

(b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the decision was made should not be published by the Commission.]

(15) (a) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute (including a complainant or such a respondent to whom paragraph (b) applies) may be accompanied and represented by

(i) a trade union official within the meaning of section 11 of the Act of 1990,

(ii) an official of a body that, in the opinion of the adjudication officer, represents the interests of employers,

(iii) a practising barrister or practising solicitor, or

(iv) any other person, if the adjudication officer so permits.

(b) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute may, if he or she has not yet attained the age of 18 years, be accompanied and represented by his or her parent or guardian.

(16) An adjudication officer may, by notice in writing given to the parties to a complaint or dispute to which this section applies, correct any mistake (including any omission) of an administrative or clerical nature in a decision under this section in relation to that complaint or dispute.

F32[(17) The Minister may, by regulations, make provision in relation to any matter relating to

(a) the presentation of a complaint, referral of a dispute or conduct of proceedings under this section, or

(b) the making of a claim for redress or conduct of proceedings under the Act of 1977,

that he or she considers appropriate.]

(18) In this section specified person means

(a) in relation to a complaint, a person belonging to a class of persons who, immediately before the passing of this Act, would have been entitled to present a complaint on behalf of the complainant concerned under the employment enactment to which the first-mentioned complaint relates, and

(b) in relation to a dispute, a person belonging to a class of persons who, immediately before the passing of this Act, would have been entitled to refer a dispute on behalf of the complainant concerned under the employment enactment to which the first-mentioned dispute relates.

F19[(19) In this section, references to specified person for the purposes of a complaint in relation to a provision specified in

(a) paragraph 29 or 30 of Part 1 of Schedule 5, or

(b) paragraph 11 of Part 2 of Schedule 5,

shall be construed as references to a trade union representative of the person entitled to present the complaint.]

Annotations

Amendments:

F19

Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 24(b), S.I. No. 329 of 2015.

F20

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 19(a), (b), S.I. No. 148 of 2021.

F21

Substituted (6.03.2024) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 40(b)(i)-(iii), S.I. No. 90 of 2024.

F22

Deleted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(a)(i), S.I. No. 435 of 2016.

F23

Substituted (1.11.2019) by Parents Leave and Benefit Act 2019 (35/2019), s. 38(a)(i), S.I. No. 629 of 2019.

F24

Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(a)(iii), S.I. No. 435 of 2016.

F25

Substituted (1.01.2023) by Sick Leave Act 2022 (24/2022), s. 15(a)(i), (ii), S.I. No. 606 of 2022.

F26

Inserted (1.11.2019) by Parents Leave and Benefit Act 2019 (35/2019), s. 38(a)(iii), S.I. No. 629 of 2019.

F27

Inserted (1.01.2023) by Sick Leave Act 2022 (24/2022), s. 15(a)(iii), S.I. No. 606 of 2022.

F28

Inserted (6.03.2024) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 40(b)(iv), S.I. No. 90 of 2024.

F29

Substituted, inserted (30.09.2025) by Automatic Enrolment Retirement Savings System Act 2024 (20.2024), ss. 1(2), 130(b), S.I. No. 500 of 2024, not commenced as of date of revision.

F30

Inserted (29.07.2021) by Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021), s. 4(a), S.I. No. 397 of 2021.

F31

Substituted (29.07.2021) by Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021), s. 4(b), (c), S.I. No. 397 of 2021.

F32

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

Modifications (not altering text):

C12

Prospective affecting provision: section applied with modifications by Health (Assisted Human Reproduction) Act 2024 (18/2024), s. 189 and sch. 7 paras. 1, 3, not commenced as of date of revision.

Protection for persons reporting relevant contravention, etc.

189. ...

(5) Subject to subsection (6), an employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for—

(a) having formed an opinion of the kind referred to in subsection (1) and communicated it, whether in writing or otherwise, to the AHRRA unless the employee—

(i) in communicating his or her opinion to the AHRRA did so—

(I) knowing it to be false, misleading, frivolous or vexatious, or

(II) reckless as to whether it was false, misleading, frivolous or vexatious, or

(ii) in connection with the communication of his or her opinion to the AHRRA, gave information that he or she knew to be false or misleading in a material particular, or

(b) giving notice of his or her intention to do the thing referred to in paragraph (a).

(6) Subsection (5) shall not apply to a communication, or giving of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(7) Schedule 7 shall have effect for the purposes of subsection (5).

...

SCHEDULE 7

Redress for Contravention of Section 189(5)

1. (1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 189 (5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) notify the parties of that decision.

(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 189 (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.

(4) Subject to subparagraph (10), a rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in subparagraph (4) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to exceptional circumstances.

(6) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Enterprise, Trade and Employment.

(7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner.

(8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

(9) A rights commissioner shall furnish the Labour Court with a copy of each decision given by the commissioner under subparagraph (2).

(10) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (4) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee’s notice.

...

3. In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that section 189 (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.

...

C13

Prospective affecting provision: subs. (7)(i) amended and subs. (7)(ga) inserted (30.09.2025) by Automatic Enrolment Retirement Savings System Act 2024 (20/2024), s. 130(b)(i), (ii), S.I. No. 500 of 2024, not commenced as of date of revision.]

F28[(i) in the case of a dispute relating to the entitlement of an employee or the obligation of the employer, as the case may be, under Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of the F29[dispute, and]]

F29[(ga) in the case of a dispute relating to sections 127 and 128 of the Automatic Enrolment Retirement Savings Act 2024, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of the dispute.]

C14

Prospective affecting provision: section applied with modifications (30.09.2025) by Automatic Enrolment Retirement Savings System Act 2024 (20/2024), s. 129, S.I. No. 500 of 2024.

Decision under section 41 or 44 of Act of 2015

129. (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute between an employee and his or her employer relating to any matter concerning section 127 or 128 (or any matter arising out of or related to the employee participating in the automatic enrolment retirement savings system) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may—

(a) direct that the employer facilitate the employee to participate in the automatic enrolment retirement savings system in accordance with Chapter 2 of Part 3,

(b) require the employer to pay any contribution due for that employee from the date on which the employee should have been enrolled as a participant,

(c) require the employer to rectify, within a specified time (being not 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,

(d) award compensation in favour of the employee concerned to be paid by the employer concerned, or

(e) specify both a direction in paragraph (a), a requirement in paragraph (b) or (c), or both, and an award referred to in paragraph (d).

(2) An award of compensation referred to in subsection (1)(d) shall be of such amount as the adjudication officer considers just and equitable having regard to all the circumstances but shall not exceed 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed.

(3) A decision of the Labour Court under section 44 of the Act of 2015, on appeal from a decision of an adjudication officer to which this section applies, shall affirm, vary or set aside the decision.

...

C15

Section applied with modifications (2.09.2024) by Employment Permits Act 2024 (17/2024), ss. 1(2), 60(5) and sch. 2.

Prohibition on penalisation

60. ...

(3) An employer shall not penalise or threaten penalisation against an employee for—

(a) making a complaint to a member of the Garda Síochána or the Minister that a provision of this Act is not being complied with,

(b) giving evidence in any proceedings under this Act, or

(c) giving notice of his or her intention to do any of the things referred to in paragraphs (a) or (b).

(4) Subsection (3) shall not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(5) Schedule 2 has effect in relation to an alleged contravention of subsection (3) and matters consequential thereon and includes amendments of other enactments.

...

SCHEDULE 2

Redress for Contravention of Section 60(3)

Section 60(5)

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 60(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.

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.

...

C16

Declared unconstitutional: Workplace Relations Act 2015 (16/2015), s. 41(3) and Unfair Dismissals Act 1977 (10/1977), s. 8(6), Supreme Court declared provisions not compatible with Article 34 of the Constitution (6.04.2024) in Tomasz Zalewski v The Workplace Relations Commission, an Adjudication Officer [Y], Ireland and the Attorney General.

C17

Section applied with modifications (6.03.2024) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 27, S.I. No. 90 of 2024.

Decision under section 41 or 44 of Act of 2015

27. (1) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 21 (1) may—

(a) direct that the employer comply with paragraph (a) of section 21 (1),

(b) direct that the employer comply with any of the requirements of paragraph (b) of section 21 (1) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 20 was a reference to such date as may be specified in the direction,

(c) award compensation in favour of the employee concerned to be paid by the employer concerned, or

(d) specify both a direction referred to in paragraph (a) or (b), or both, and an award referred to in paragraph (c).

(2) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first‑mentioned decision in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 22 may award compensation in favour of the employee concerned to be paid by the employer concerned.

(3) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first‑mentioned decision in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 24 (3) may—

(a) direct that the employer comply with paragraph (a) of section 24 (3),

(b) direct that the employer comply with any of the requirements of paragraph (b) of section 24 (3) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 24 (1) was a reference to such date as may be specified in the direction,

(c) award compensation in favour of the employee concerned to be paid by the employer concerned, or

(d) specify both a direction referred to in paragraph (a) or (b), or both, and an award referred to in paragraph (c).

(4) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first‑mentioned decision in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under this Part (other than sections 21, 22 and 24) may award compensation in favour of the employee concerned to be paid by the employer concerned.

(5) An award of compensation referred to in subsections (1)(c), (2), (3)(c) or (4) 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 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed.

(6) In making a decision referred to in subsection (1), (2) or (3), an adjudication officer or the Labour Court, as the case may be, shall not assess the merits of—

(a) the decision of the employer reached following his or her consideration under section 21 (1)(a) of the employee’s request,

(b) the refusal by the employer under section 21 (1)(b)(ii) or the reasons for such refusal given under that provision,

(c) the decision of the employer to terminate, under section 22, a remote working arrangement or the grounds given by the employer under that section for such termination,

(d) the refusal by the employer under section 24 (3)(b)(ii) or the reasons for such refusal given under that provision, or (e) the refusal by the employer under section 24 (4) or the alternative date proposed under that provision.

(7) In this section, “remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay.

C18

Section applied with modifications (6.03.2024) by Parental Leave Act 1998 (30/1998), s. 21A; as inserted by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 13, S.I. No. 91 of 2024.

Decision under section 41 or 44 of Act of 2015 in relation to dispute under Part IIA

21A. (1) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 13C(1) may—

(a) direct that the employer comply with paragraph (a) of section 13C(1),

(b) direct that the employer comply with any of the requirements of paragraph (b) of section 13C(1) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 13B was a reference to such date as may be specified in the direction,

(c) award compensation in favour of the employee concerned to be paid by the employer concerned, or

(d) specify both a direction referred to in paragraph (a) or (b), or both, and an award referred to in paragraph (c).

(2) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under sections 13D or 13E, may award compensation in favour of the employee concerned to be paid by the employer concerned.

(3) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 13F(3), may—

(a) direct that the employer comply with any of the requirements of section 13F(3) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 13F(1) was a reference to such date as may be specified in the direction,

(b) award compensation in favour of the employee concerned to be paid by the employer concerned, or

(c) specify both a direction referred to in paragraph (a) and an award referred to in paragraph (b).

(4) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under section 13G may award compensation in favour of the employee concerned to be paid by the employer concerned.

(5) An award of compensation referred to in subsections (1)(c), (2), (3)(b) or (4) 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 the manner as may be prescribed.

(6) In making a decision referred to in subsection (1), (2) or (3), an adjudication officer or the Labour Court, as the case may be, shall not assess the merits of—

(a) the decision of the employer reached following his or her consideration under section 13C(1)(a) of the employee’s request,

(b) the refusal by the employer under section 13C(1)(b)(ii) or the reasons for such refusal given under that provision,

(c) the decision of the employer to terminate, under section 13E, a flexible working arrangement or the grounds given by the employer under that section for such termination,

(d) the refusal by the employer under section 13F(3)(b) or the reasons for such refusal given under that provision, or

(e) the refusal by the employer under section 13F(4) or the alternative date proposed under that provision.

(7) In this section, "remuneration" includes allowances in the nature of pay and benefits in lieu of or in addition to pay.]

C19

Application of section modified by Sick Leave Act 2022 (24/2022), s. 14(2), S.I. No. 606 of 2022.

Decision under section 41 or 44 of Act of 2015

14. (1) Where an employee believes that his or her employer has failed to comply with the provisions of this Act, the employee may make a complaint in accordance with Part 4 of the Act of 2015.

(2) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint or dispute between an employee and an employer concerning the employee’s entitlement under this Act may include an award of compensation (in favour of the employee concerned to be paid by the employer concerned) of such amount, as the adjudication officer considers just and equitable having regard to all the circumstances but shall not exceed 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed.

...

C20

Part applied with modifications (10.03.2022) by Maritime Area Planning Act 2021 (50/2021), s. 153 and sch. 9, S.I. No. 112 of 2022.

Protection for persons reporting alleged relevant ground, etc.

153. ...

(5) Subject to subsection (6), an employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for— ...

(6) Subsection (5) shall not apply to a communication, or giving of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(7) Schedule 9 shall have effect for the purposes of subsection (5).

...

SCHEDULE 9

Redress for Contravention of section 153(5)

Section 153

Complaints to rights commissioner

1. (1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 153 (5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) notify the parties of that decision.

(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 153 (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 of the case, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations made under section 17 of the Unfair Dismissals Act 1977.

(4) Subject to subparagraph (10), a rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in that subparagraph (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to exceptional circumstances.

(6) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister for Enterprise, Trade and Employment.

(7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner.

(8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

(9) A rights commissioner shall give the Labour Court a copy of each decision given by the commissioner under subparagraph (2).

(10) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (4) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee’s notice.

Appeals from decisions of rights commissioner

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.

Paragraphs 1 and 2: supplemental provisions

3. In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that section 153 (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.

(1) (a) If penalisation of an employee, in contravention of section 153 (5), constitutes a dismissal of the employee as referred to in paragraph (a) of the definition of “penalisation” in section 153 (10), the employee (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian with the consent of the employee) may institute proceedings in respect of that dismissal under the Unfair Dismissals Acts 1977 to 2015 or to recover damages at common law for wrongful dismissal and, if the employee or his or her parent or guardian, as the case may be, does so, a complaint in relation to such dismissal may not be presented to an adjudication officer under section 41 of the Workplace Relations Act 2015.

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

C21

Section applied with modifications by Organisation of Working Time Act 1997 (20/1997), s. 18A(9) as inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 16, S.I. No. 69 of 2019.

Banded hours

[18A. ...

(9) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a failure to comply with this section 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, and

(b) where the decision is that the complaint was well founded, require the employer to comply with this section and place the employee on the appropriate band of hours.

...]

C22

Section applied with modifications (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 28(1), S.I. No. 435 of 2016.

Decision under section 41 or 44 of Act of 2015

28. (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part 2 or 3 (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

(a) the grant of leave to the employee for such period as may be so specified,

(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 2 weeks remuneration in respect of the employees employment calculated in such manner as may be prescribed by the Minister for Jobs, Enterprise and Innovation, as the adjudication officer considers just and equitable having regard to all of the circumstances, or

(c) both such grant and such award.

...

C23

Application of section affected (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 23, S.I. No. 329 of 2015.

Decision of adjudication officer under section 41 of Act of 2015

23. (1) This section applies to a decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of

(a) subsection (1) of section 20,

(b) a registered employment agreement (within the meaning of Chapter 2), or

(c) a sectoral employment order (within the meaning of Chapter 3).

(2) A decision of an adjudication officer to which this section applies 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 the provision in respect of which the complaint concerned relates and, for that purpose, require the employer to take a specified course of action, or

(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 the circumstances, but not exceeding 104 weeks remuneration in respect of the workers employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977,

and the references in the foregoing paragraphs to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurs, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(3) A decision of the Court under section 44 of the Act of 2015, on appeal from a decision of an adjudication officer to which this section applies, shall affirm, vary or set aside the decision of the adjudication officer.

Editorial Notes:

E18

Previous affecting provision: subs. (7)(f)(iii) amended (1.11.2019) by Parents Leave and Benefit Act 2019 (35/2019), s. 38(a)(i), (ii), S.I. No. 629 of 2019; substituted as per F-note above.

E19

Relevant redress provisions for purposes of subs. (5) prescribed (27.07.2016) by European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), reg. 9(4).

E20

Previous affecting provision: subs. (7)(e) amended (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(a)(ii), S.I. No. 435 of 2016; substituted as per F-note above.