Terms of Employment (Information) Act, 1994
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Complaints by employees in relation to contraventions of Act by their employers. |
7.—(1) An employee may present a complaint to a rights commissioner that his or her employer has contravened section 3 , 4 , 5 or 6 in relation to him or her and, if he or she does so, the commissioner shall give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, shall give a recommendation in writing in relation to it and shall communicate the recommendation to the parties. | |
(2) A recommendation of a rights commissioner under subsection (1) shall do one or more of the following: | ||
(a) declare that the complaint was or, as the case may be, was not well founded, | ||
(b) (i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under section 3 , 4 , 5 or 6 , or | ||
(ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer, | ||
(c) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the commissioner, | ||
(d) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks remuneration in respect of the employee's employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act, 1977 , | ||
and the references in the foregoing paragraphs to an employer shall be construed, in a case where ownership of the business of the employer changes after a contravention to which the complaint relates, as references to the person who, by virtue of the change, becomes entitled to such ownership. | ||
(3) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the period of 6 months beginning on the date of termination of the employment concerned. | ||
(4) (a) A complaint shall be presented by giving notice thereof in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister. | ||
(b) A copy of a notice under paragraph (a) shall be given to the other party concerned by the rights commissioner concerned. | ||
(5) Proceedings under this section before a rights commissioner shall be conducted otherwise than in public. | ||
(6) A rights commissioner shall furnish the Tribunal with a copy of any recommendation given by the commissioner under subsection (1). | ||
(7) The Minister may by regulations— | ||
(a) provide for any matters relating to proceedings under this section that the Minister considers appropriate, and | ||
(b) amend paragraph (d) of subsection (2) so as to vary the maximum amount of the compensation provided for in that paragraph, and this section shall have effect in accordance with the provisions of any regulations under this paragraph for the time being in force. |