Protection of Young Persons (Employment) Act, 1996
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Complaints to rights commissioner. |
18.—(1) The parent or guardian of a child or young person may present a complaint to a rights commissioner that the employer of the child or young person has contravened section 13 or 17 in relation to the child or young person. | |
(2) Where a complaint under subsection (1) is made, the rights 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. | ||
(3) A recommendation of a rights commissioner under subsection (2) 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) order the employer to take a specific course of action, | ||
(c) 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, | ||
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. | ||
(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable. | ||
(5) (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. | ||
(6) Proceedings under this section before a rights commissioner shall be conducted otherwise than in public. | ||
(7) A rights commissioner shall furnish the Tribunal with a copy of any recommendation given by the commissioner under subsection (2). | ||
(8) 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 (c) of subsection (3) 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. |