Unfair Dismissals (Amendment) Act, 1993
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Appeals from, and enforcement of determinations of, Tribunal. |
11.—(1) A party concerned may appeal to the Circuit Court from a determination of the Tribunal in relation to a claim for redress under the Principal Act within 6 weeks from the date on which the determination is communicated to the parties. | |
(2) (a) Where, in proceedings under this section, the Circuit Court finds that an employee is entitled to redress under the Principal Act, it shall order the employer concerned to make to the employee the appropriate redress. | ||
(b) If an employer fails to comply with an order of the Circuit Court under paragraph (a) of this subsection (“the former order”), the Circuit Court shall, on application to it in that behalf by— | ||
(i) the employee concerned, or | ||
(ii) if he considers it appropriate to make the application having regard to all the circumstances, the Minister, | ||
make— | ||
(I) such order for the enforcement of the former order as it considers appropriate having regard to all the circumstances, or | ||
(II) if the former order directed the re-instatement or re-engagement of the employee concerned and that Court considers it appropriate to do so having regard to all the circumstances, in lieu of making an order under subparagraph (I), make an order directing the employer, in lieu of re-instating or re-engaging the employee, to pay compensation to him under section 7 (1) (c) of the Principal Act and giving such directions for the enforcement of the latter order as it considers appropriate having regard to all the circumstances. | ||
(3) (a) If an employer fails to carry out in accordance with its terms a determination of the Tribunal in relation to a claim for redress under the Principal Act within 6 weeks from the date on which the determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by— | ||
(i) the employee concerned, or | ||
(ii) if he considers it appropriate to make the application having regard to all the circumstances, the Minister, | ||
without hearing the employer or any evidence (other than in relation to the matters aforesaid) make— | ||
(I) an order directing the employer to carry out the determination in accordance with its terms, or | ||
(II) if the determination directed the re-instatement or re-engagement of the employee concerned and that Court considers it appropriate to do so having regard to all the circumstances, in lieu of making an order under subparagraph (I), make an order directing the employer, in lieu of re-instating or re-engaging the employee, to pay compensation to him under section 7 (1) (c) of the Principal Act and giving such directions for the enforcement of the latter order as it considers appropriate having regard to all the circumstances. | ||
(b) In paragraph (a) of this subsection the reference to a determination of the Tribunal is a reference to such a determination in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned and the reference to the date on which the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment. | ||
(4) The Circuit Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so— | ||
(a) in case the order relates to the payment of compensation, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Courts Act, 1981 , in respect of the whole or any part of the period beginning 6 weeks after the date on which the determination of the Tribunal is communicated to the parties and ending on the date of the order, and | ||
(b) in case the order relates to re-instatement or re-engagement, direct the employer to pay to the employee compensation of such amount as it considers reasonable in respect of the loss of wages suffered by the employee by reason of the failure of the employer to comply with the determination aforesaid. | ||
(5) Proceedings under this section shall be heard in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation. |