Carer's Leave Act, 2001
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Appeal from decision of rights commissioner. |
20.—(1) A party concerned may appeal to the Tribunal from a decision of a rights commissioner under section 19 and the Tribunal shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, and— | |
(a) shall make a determination in writing in relation to the appeal, affirming, varying or setting aside the decision, | ||
(b) may, in accordance with section 21 , make provision for redress, and | ||
(c) shall communicate the determination to the parties. | ||
(2) An appeal under this section shall be initiated by the party concerned giving, within 4 weeks of the date on which the decision to which it relates was communicated to the party, a notice in writing to the Tribunal containing such particulars (if any) as may be prescribed and stating the intention of the party concerned to appeal against the decision. | ||
(3) A copy of a notice under subsection (2) shall be given by the Tribunal to the other party concerned as soon as may be after the receipt of the notice by the Tribunal. | ||
(4) A person whose evidence has been, is being, or is to be given before the Tribunal, or who produces or sends a document to the Tribunal pursuant to a notice under subsection (5) or who is required by such a notice to give evidence or produce a document to the Tribunal or to attend before the Tribunal and there to give evidence or produce a document, shall be entitled to the same privileges and immunities as if the person were a witness before the High Court. | ||
(5) The Tribunal may, by giving notice in that behalf in writing, require any person to attend before the Tribunal on a date and at a time and place specified in the notice and to give evidence and to produce any document specified in the notice in his or her possession or power or to send to the Tribunal any document specified in the notice in his or her possession or power or require a person in attendance before the Tribunal to produce to the Tribunal any document in his or her possession or power specified in that requirement. | ||
(6) Paragraphs (a) and (e) of section 39(17) of the Act of 1967 shall apply for the purposes of this section as they apply for the purposes of section 39 with the modification that “€3,000 (£2,362.69)” shall be substituted for “£150” and with any other necessary modifications. | ||
(7) Proceedings for an offence under section 39(17) of the Act of 1967, as applied by this section, may be brought and prosecuted by the Minister. | ||
(8) If a person gives false evidence before the Tribunal in proceedings under this section in such circumstances that, if the person had given the evidence before a court, the person would be guilty of perjury, the person shall be guilty of an offence and shall be liable on conviction on indictment to the penalties applying to perjury. | ||
(9) The Tribunal may, if it considers it reasonable to do so having regard to all the circumstances, extend by a specified period (not exceeding a further period of 6 weeks) the period of time within which a notice under subsection (2) is required to be given. |