Employment Equality Act, 1998
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Provisions relating to insolvency. |
103.—(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963 , are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all relevant compensation payable under this Part by the company, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act. | |
(2) There shall be included among the debts which, under section 81 of the Bankruptcy Act, 1988 , are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all relevant compensation payable under this Part by the bankrupt or arranging debtor, as the case may be, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act. | ||
(3) For the purposes of this section “relevant compensation” means sums ordered to be paid by way of redress by virtue of— | ||
(a) an order of the Circuit Court on a reference under section 77 (3), | ||
(b) a decision or determination under section 79 (6) (including that provision as applied by section 85 (2)), | ||
(c) a determination of an appeal under section 83 (4), or | ||
(d) an order of the Circuit Court under section 90 , 91 or 9 3. | ||
(4) In the Protection of Employees (Employers' Insolvency) Act, 1984 , section 6 (which provides for certain amounts to be paid out of the Social Insurance Fund) shall be amended in accordance with subsections (5) and (6). | ||
(5) At the end of subsection (2)(a)(viii)(II) there shall be inserted “or (III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103 (3) of the Employment Equality Act, 1998,”. | ||
(6) In subsection (4)(c), after subparagraph (v) there shall be inserted— | ||
“(vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless— | ||
(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or | ||
(II) in case there is no such appeal, the time for bringing such an appeal has expired.”. |