Maternity Protection Act, 1994
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Enforcement of decisions and determinations. |
37.—(1) A decision of a rights commissioner or a determination of the Tribunal in proceedings under this Part may provide that the decision or determination shall be carried out before a specified date. | |
(2) Where a decision of a rights commissioner or a determination of the Tribunal does not provide as mentioned in subsection (1), the decision or determination shall be deemed, for the purposes of this section, to provide that it shall be carried out within four weeks from the date on which it is communicated to the parties. | ||
(3) If a party fails to carry out the terms of a decision of a rights commissioner or of a determination of the Tribunal in relation to a dispute within the period appropriate under subsection (1) or subsection (2), the Circuit Court shall, on application to it in that behalf by— | ||
(a) the other party, or | ||
(b) the Minister, if of the opinion that it is appropriate to make the application having regard to all the circumstances, | ||
without hearing the party in default or any evidence (other than in relation to the failure), make an order directing that party to carry out the decision or determination in accordance with its terms. | ||
(4) In subsection (3), the reference to a decision of a rights commissioner or a determination of the Tribunal is a reference to such a decision or determination, as the case may be, 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 references in this section to the date on which the decision or 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 the abandonment. | ||
(5) In an order under this section providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the relevant employer 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 four weeks after the date on which the decision or determination concerned is communicated to the parties and ending on the date of the order. | ||
(6) Proceedings under this section shall be heard in the county in which the relevant employer ordinarily resides or carries on any profession, business or occupation. |