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Workplace Relations Services

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Adjudication Services

Adjudication Officers of the Workplace Relations Commission (WRC) are statutorily independent in their decision making duties as they relate to adjudicating on complaints referred to them by the WRC Director General.

The Adjudication Officer’s role is to hold a hearing where both parties are given an opportunity to be heard by the Adjudication Officer and to present any evidence relevant to the complaint. Hearings of the Workplace Relations Commission are held in private. However, complaints may, in certain instances, be disposed of by means of written procedure (i.e. without hearing). The Adjudication Officer will not attempt to mediate or conciliate the case. Parties may be accompanied and represented at hearings by a trade union official, an official of a body that, in the opinion of the Adjudication Officer, represents the interests of employers, a practicing barrister or practicing solicitor or any other person, if the Adjudication Officer so permits.

The Adjudication Officer will then decide the matter and give a written decision in relation to the complaint. The decision, which will be communicated to both parties and published, may, in general

  1. declare whether the complainant’s complaint was or was not well founded͖,
  2. require the employer to comply with the relevant provision(s),
  3. require the employer to make such redress as is just and equitable in the circumstances including he award of comnpensation.

 A party to a complaint may appeal to the Labour Court from a decision of an Adjudication Officer.

The redress that may be granted by an Adjudication Officer in the case of the different areas of employment and equality legislation is set out below.

  

Act

  

Section or Regulation  

  

Contravention

  

Redress   

Industrial Relations Act 1946

42, 43, 44, 45

Contravention of an Employment Regulation   Order

May require the employer to comply with the relevant Employment Regulation Order and make an award of compensation not exceeding 2 years’ remuneration

Minimum Notice and Terms of Employment   Act 1973

4(2), 5, 6

Failure to give minimum notice; failure to grant the employee’s rights during a period of notice; failure to give notice to employer.

Compensation for any loss sustained by reason of the contravention (Sections 4(2) and 5); such directions as are considered appropriate.

Protection of Employment Act 1977

9 and 10

Failure of employer to consult with employees representatives where collective redundancies are proposed; failure of employer to provide information to employees’ representatives in relation to proposed redundancies

Requiring the employer to comply with Section 9 or 10 and/or pay compensation not exceeding 4 weeks’ pay

Unfair Dismissals Acts

3, 4, 5, 6

Unfair dismissal

May include re-instatement of the employee in the position which he held immediately before his dismissal on the terms and conditions on which he was employed immediately before his dismissal; re-engagement by the employer of the employee either in the   position which he held immediately before his dismissal or in a different position which would be reasonably suitable for him on such terms and   conditions as are reasonable having regard to all the circumstances; if the employee incurred any financial loss attributable to the dismissal, payment to him by the employer of such compensation (not exceeding 104 weeks   remuneration); if the employee incurred no such financial loss, payment to the employee by the employer of such compensation (if any, but not exceeding   4 weeks remuneration)

Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012

6, 7

Failure to pay entitlements under the Insolvency Scheme (e.g. arrears of wages, sick pay, holiday pay and pay in lieu of notice, payments on foot of adjudication decisions or   mediation resolutions)

Direction to pay the amount due to the employee.

Pensions Act 1990

 

Non-compliance of any rule of an occupational benefit scheme, other than an occupational pension scheme, with the principle of equal treatment; non-compliance of any term of a collective agreement, employment regulation order or contract of employment, insofar as it relates to occupational benefits ,with the principle of equal treatment; non-compliance with the principle of equal treatment in relation to the manner in which an employer affords his/her employees access to an occupational benefit scheme.

An order requiring that the principle of equal pension treatment be complied with; an order to take a specified course of action; an order for compensation for acts of victimization.

Payment of Wages Act 1991

5

Illegal deduction from wages

A direction to the employer to pay compensation of an amount not exceeding the net wages that would have been paid in the week preceding the deduction/payment or, if the deduction/payment is greater than the latter, twice that amount.

Terms of Employment (Information) Act   1994

3, 4, 5 and 6

Failure of employer to provide a written statement of terms of employment, to provide, prior to departure, a written statement of terms of employment when required to work outside the state, to notify the nature and date of a change to the terms of employment or to furnish a statement at the request of an employee, who has an existing contract of employment prior to the commencement of the Act

May include confirmation or alteration of the particulars contained in a statement, a requirement for the employer to alter or add to the statement and the payment of compensation not exceeding 4 week’s remuneration.

Maternity Protection Act 1994

Parts II, III or IV

Entitlements in relation to maternity leave, return to work, etc.

May include directions in relation to the grant of leave and the award of compensation not exceeding 20 week’s remuneration.

Adoptive Leave Act 1995

Parts II, III

Failure to grant the adoptive parent’s entitlements

May include directions to the parties to resolve the matter and the award of compensation not exceeding 20 week’s remuneration.

Protection of Young Persons (Employment) Act 1996

17

Penalisation of an employee for having in good faith opposed an unlawful act under the 1996 Act.

May include directions to take a specified course of action and the award of compensation.

Transnational Information and Consultation of Employees Act 1996

17

Penalisation of an employee because of his/her status as an employee representative; failure of employer to provide reasonable facilities to representatives

May include directions to take a specified course of action and the award of compensation.

Organisation of Working Time Act 1997

6(2), 11 to 23 and 26

Failure to grant rest periods, annual leave, public holiday entitlements, information relating to working time or zero hours practices and pay for leave and public holidays on cessation of employment; penalization of employee; failure to grant compensatory rest or   breaks.

May require the employer to comply with the relevant provision and make an award of compensation not exceeding 2 years’ remuneration

Parental Leave Act 1998 and European Communities (Parental Leave) Regulations 2000

Parts 11, III of 2000 Act and Regulation 8 of the 2000 Regulations

Failure to grant the parent’s entitlements under the 1998 Act

May specify the grant of parental leave, the award of compensation not exceeding 20 weeks’ remuneration or both.

Protections for Persons Reporting Child Abuse Act 1998

4(1)

Penalising an employee for having reported child abuse.

May require the employer to comply with the relevant provision, take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration

Employment Equality Acts 1998 to 2011

Parts II, III and IV of 1998 Act (as amended)

Discrimination, victimisation, dismissal in circumstances amounting to discrimination or victimization; failure to pay equal remuneration; non-receipt of benefits under an equality clause.

Compensation, an order for equal remuneration, order for equal treatment, order to take a specified course of action, order for re-instatement or re-engagement with or without compensation

Equal Status Acts 2000 to 2004

Part II

Discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of, a person in contravention of the Equal Status Acts.

Compensation; order to take a specified course of action

National Minimum Wage Act 2000

14

Failure to pay the correct pay entitlement under the 20o0 Act

May include a direction to the employer to pay arrears and the expenses of the employee in connection with the dispute; may require the employer to rectify the contravention and pay any amount in respect of which the employer is in contravention.

Carer’s Leave Act 2001

6(1), 6(5), 6(6)

Failure to grant entitlement to carer’s leave,

May specify the grant of carer’s leave, the award of compensation not exceeding 26 weeks’ remuneration or both.

Prevention of Corruption (Amendment) Act 2001

8A(5)

Penalisation of an employee for reporting offences under Prevention of Corruption Acts 1889 to 2010.

May require the employer to take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration

Protection of Employees (Part-Time Work) Act 2001

9 and 15

Treating a part-time employee, in respect of his or her conditions of employment, in a less favourable manner than a comparable full-time employee; penalisation of employee

May require the employer to comply with the relevant provision and make an award of compensation not exceeding 2 years’ remuneration

Competition Act 2002

50(3)

Penalisation of employee for reporting breaches of the 2002 Act

May require the employer to comply with Section 50(3), take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration

Protection of Employees (Fixed-Term Work) Act 2003

6, 13

Treating a fixed-term employee, in respect of his or her conditions of employment, in a less favourable manner than a permanent employee; failure of employer to comply with provisions concerning successive fixed-term contracts; failure of employer to provide a written statement; failure to provide information on vacancies and training opportunities; penalisation of employee

May require the employer to comply with the relevant provision, to reinstate or reengage the employee (including on a contract of indefinite duration) and make an award of compensation not exceeding 2 years’ remuneration

Industrial Relations (Miscellaneous Provisions) Act 2004

8

Victimising an employee on account of the employee being or not being a member of a trade union or an excepted body or the employee engaging or not engaging in any activities on behalf of a trade union or an excepted body

May direct that the conduct which is the subject of the complaint should cease and make an award of compensation not exceeding 2 years’ remuneration

Health Act 2004

55M(1)

Penalisation of an employee for making a protected disclosure under the Health Acts.

May require the employer to comply with the relevant provision, take a specified course of action and make an award of compensation

Safety, Health and Welfare at Work Act 2005

27

Penalisation of an employee for performing duties, etc under the Health and Safety Acts

May require the employer to take a specified course of action and make an award of compensation

Employment Permits Act 2006

26(3)

Penalisation of an employee for making a complaint or giving evidence in proceedings under the Employment Permits Act 2006.

May require the employer to take a specified course of action and make an award of compensation

Employees (Provision of Information and Consultation) Act 2006

13

Penalisation of an employee for   performing his/her functions under the 2006 Act

May require the employer to take a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

Consumer Protection Act 2007

87(3)

Penalisation of an employee for reporting breaches of the 2007 Act.

May require the employer to comply with the relevant provision, take a specified course of action and make an award of compensation

Chemicals Act 2008

26(1)

Penalisation of an employee for reporting breaches of the 2008 Act.

May require the employer to comply with the provision, take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration

Charities Act 2009

62(1)

Penalisation of an employee for reporting breaches of the 2009 Act

May require the employer to comply with the provision, take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration

National Asset Management Agency Act 2009

223(3)

Penalisation of an employee for making a complaint or giving evidence in proceedings under the 2009 Act.

May require the employer to take a specified course of action and make an award of compensation

Inland Fisheries Act 2010

38(1)

Penalisation of an employee for making a complaint or giving evidence in proceedings under the 2010 Act.

May require Inland Fisheries Ireland to take a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

Criminal Justice Act 2011

20(1)

Penalisation of an employee for disclosing information relating to relevant offences

May require the employer to take a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

Property Services (Regulation) Act 2011

67(5)

Penalisation of an employee for reporting improper conduct under the 2011 Act

May require the employer to take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration

Protection of Employees (Temporary Agency Work) Act 2012

6, 11, 13(1), 14, 23, 24

Failure to give an agency worker his/her basic working and employment conditions; failure to advise of vacancies; the charging of a fee to an employee by an agency for arranging employment; failure to provide the same collective facilities and amenities to an agency worker; penalisation of the employee for invoking rights or making a complaint under the 2012 Act.

May require the employer to take a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

Further Education and Training Act 2013

35(1)

Penalisation of an employee for making a complaint or giving evidence in proceedings under the 2013 Act.

May require the employer to take a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

Central Bank (Supervision and   Enforcement) Act 2013

41(1)

Penalisation of an employee for making a protected disclosure under the 2013 Act.

May require the employer to take a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

Protected Disclosure Act 2014

12(1)

Penalisation of an employee for making a protected disclosure under the 2014 Act.

May require the employer to take a specified course of action and make an award of compensation not exceeding 260 weeks’ remuneration

European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003

4, 5, 6, 7, 8

Failure to protect the rights of employees arising from an employment contract in the event of a transfer of a business or part of a business, in which they are employed, which entails a change of employer.

May require the employer to comply with the Regulations, take a specified course of action and award compensation not exceeding 4 weeks’ remuneration (Regulation 8 breach) or 2 years’ remuneration (other breach).

European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006

7, 8, 9, 10, 11

Failure to comply with provisions relating to annual leave, health assessments, health and safety, working time and the adaptation of work.

May require the employer to comply with the Regulations, and award compensation not exceeding 2 years’ remuneration.

European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006

4, 5 to 12, 13, 14, 15, 19

Contraventions relating to the negotiation, interpretation or operation of an agreement, the interpretation or operation of the Standard Rules; the penalisation of employee representatives; depriving employees of their rights to employee involvement

May require the taking of a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007

9(4)

Subjecting an employee to any prejudice because the employee has, for the purposes of the 2007 Regulations, made a report of an incident of which the employee may have knowledge

May require the taking of a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

European Communities (Cross-Border Mergers) Regulations 2008

39(1)

Penalisation for performing functions under the 2008 Regulations

May require the taking of a specified course of action and make an award of compensation not exceeding 2 years’ remuneration

European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations 2009

Schedule 1

Failure to provide for daily rest periods, breaks, weekly rest periods and contravention of driving time periods.

May require the employer to comply with the Regulations, and award compensation not exceeding 2 years’ remuneration.

European Communities (Road Transport) (Organisation of Working Time of Persons performing Mobile Road Transport Activities) Regulations 2012

5, 8, 9, 10, 11, 12

Failure to comply with maximum working hours and night time work restrictions, rest and break period requirements and other employer obligations.

May require the employer to comply with the Regulations, and award compensation not exceeding 104 weeks’ remuneration.

 

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