Part IV, Section 27 · Organisation of Working Time Act 1997

Contents

27Complaints to rights commissioner.#

—(1) In this section “relevant provision” means—

(a)any of the following sections, namely, section 6(2), sections 11 to 23, or section 26,

(aa)any of the following regulations of the Activities of Doctors in Training Regulations, namely, regulations 5 to 10,

(b)the provision referred to in section 6(1) of regulations, a collective agreement, registered employment agreement or employment regulation order referred to in that section, or

(c)paragraph 9 of the Fifth Schedule.

(2)

(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:

(a)declare that the complaint was or, as the case may be, was not well founded,

(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 is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.

(4)

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.