Charities Act 2009

62.

Protection of employees from penalisation for reporting breaches of Act, etc.

62.— (1) An employer shall not penalise an employee for having formed an opinion of the kind referred to in section 61 and communicated it, whether in writing or otherwise, to the Authority if the employee has acted reasonably and in good faith in forming that opinion and communicating it to the Authority.

F5[(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(2) In proceedings under F6[Part 4 of the Workplace Relations Act 2015] in relation to a complaint that subsection (1) 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.

(3) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2007, relief may not be granted to the employee in respect of that penalisation both under F6[Part 4 of the Workplace Relations Act 2015] and under those Acts.

(4) F7[]

F6[(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 employees employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

(6) F7[]

(7) F7[]

(8) F7[]

F8[(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.]

Annotations

Amendments:

F5

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 10, S.I. No. 327 of 2014.

F6

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 5 part 1 item 26(a)-(c), S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F7

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 5 part 1 item 26(e), S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

F8

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 5 part 1 item 26(d), S.I. No. 410 of 2015, subject to transitional provision in subs. (3).

Editorial Notes:

E10

Redress and appeal procedures for purposes of subs. (1) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 20, sch. 6 part 1 item 26, sch. 6 part 2 item 26, S.I. No. 410 of 2015.

E11

Subs. (1) included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 11, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.