Part IV, Section 39 · Organisation of Working Time Act 1997

Contents

39Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.#

—(1) In this section “relevant authority” means a rights commissioner, the Employment Appeals Tribunal or the Labour Court.

(2)A decision (by whatever name called) of a relevant authority under this Act or an enactment or statutory instrument referred to in the Table to this subsection that does not state correctly the name of the employer concerned or any other material particular may, on application being made in that behalf to the authority by any party concerned, be amended by the authority so as to state correctly the name of the employer concerned or the other material particular.TABLEAdoptive Leave Act, 1995Maternity Protection Act, 1994Minimum Notice and Terms of Employment Acts, 1973 to 1991National Minimum Wage Act, 2000Parental Leave Act, 1998Payment of Wages Act, 1991Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991Protection of Young Persons (Employment) Act, 1996Redundancy Payments Acts, 1967 to 1991Terms of Employment (Information) Act, 1994Unfair Dismissals Acts, 1977 to 1993Parental Leave Act 1998Protection of Persons Reporting Child Abuse Act 1998European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000)Carer’s Leave Act 2001Protection of Employees (Part-Time Work) Act 2001European Communities (Protection of Employees on the Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)Protection of Employees (Fixed-Term Work) Act 2003

(3)The power of a relevant authority under subsection (2) shall not be exercised if it would result in a person who was not given an opportunity to be heard in the proceedings on foot of which the decision concerned was given becoming the subject of any requirement or direction contained in the decision.

(4)If an employee wishes to pursue against a person a claim for relief in respect of any matter under an enactment or statutory instrument referred to in subsection (2), or the Table thereto, and has already instituted proceedings under that enactment or statutory instrument in respect of that matter, being proceedings in which the said person has not been given an opportunity to be heard and—

(a)the fact of the said person not having been given an opportunity to be heard in those proceedings was due to the respondent’s name in those proceedings or any other particular necessary to identify the respondent having been incorrectly stated in the notice or other process by which the proceedings were instituted, and

(b)the said misstatement was due to inadvertence,then the employee may apply to whichever relevant authority would hear such proceedings in the first instance for leave to institute proceedings against the said person (“the proposed respondent”) in respect of the matter concerned under the said enactment or statutory instrument and that relevant authority may grant such leave to the employee notwithstanding that the time specified under the said enactment or statutory instrument within which such proceedings may be instituted has expired:Provided that that relevant authority shall not grant such leave to that employee if it is of opinion that to do so would result in an injustice being done to the proposed respondent.

(5)References in subsection (4) to the institution of proceedings in respect of any matter under an enactment or statutory instrument referred to in subsection (2), or the Table thereto, shall be construed as including references to the presentation of a complaint, or the referral of a dispute, in respect of the said matter, to the relevant authority concerned.

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.