National Minimum Wage Act, 2000
|
Enforcement of determination of Labour Court. |
32.—(1) A determination of the Labour Court in proceedings under this Act may provide that any matter, including the payment of any amount, in respect of which the employer is in breach of this Act, shall be remedied within a specified time or in a specific manner. | |
(2) Where a determination of the Labour Court does not specify a date by which a matter in respect of which an employer is in breach of this Act shall be remedied, the determination shall be deemed, for the purposes of this section, to provide that it shall be remedied within 6 weeks from the date on which the determination is communicated to the parties. | ||
(3) If an employer fails to remedy a matter in respect of which he or she is in breach of this Act within the period provided under subsection (1) or (2), the Circuit Court shall, on application to it in that behalf— | ||
(a) by the employee concerned, | ||
(b) with the consent of the employee, by a trade union which holds a negotiating licence under the Trade Union Act, 1941 , of which the employee is a member, or | ||
(c) by the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances, without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to remedy the matter within the time specified or deemed to be specified in, and in accordance with the terms of, the determination. | ||
(4) The reference in subsection (3) to a determination of the Labour Court is a reference to such a determination in relation to which, at the expiration of the time for bringing an appeal, if any, against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned, and the reference in subsection (2) to the date on which the determination is communicated to the parties shall, in a case where an appeal is abandoned, be construed as a reference to the date of such abandonment. | ||
(5) The Circuit Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to arrears of pay, direct the employer concerned to pay to the employee concerned interest on the arrears 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 Labour Court is communicated to the parties and ending on the date of the order. | ||
(6) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, business or occupation. | ||
(7) In proceedings under this section every document purporting to be issued by the Labour Court and sealed with its official seal, is to be received in evidence without further proof. | ||
Inspectors and Inspections |