Automatic Enrolment Retirement Savings System Act 2024
|
Chapter 4 Workplace relations | ||
|
Decision under section 41 or 44 of Act of 2015 | ||
|
129. (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute between an employee and his or her employer relating to any matter concerning section 127 or 128 (or any matter arising out of or related to the employee participating in the automatic enrolment retirement savings system) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may— | ||
(a) direct that the employer facilitate the employee to participate in the automatic enrolment retirement savings system in accordance with Chapter 2 of Part 3 , | ||
(b) require the employer to pay any contribution due for that employee from the date on which the employee should have been enrolled as a participant, | ||
(c) require the employer to rectify, within a specified time (being not later than 42 days after the date the decision is communicated to the employer) or in a specified manner, any matter, including the payment of any amount, in respect of which the employer is in contravention of this Act, | ||
(d) award compensation in favour of the employee concerned to be paid by the employer concerned, or | ||
(e) specify both a direction in paragraph (a), a requirement in paragraph (b) or (c), or both, and an award referred to in paragraph (d). | ||
(2) An award of compensation referred to in subsection (1)(d) shall be of such amount as the adjudication officer considers just and equitable having regard to all the circumstances but shall not exceed 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed. | ||
(3) A decision of the Labour Court under section 44 of the Act of 2015, on appeal from a decision of an adjudication officer to which this section applies, shall affirm, vary or set aside the decision. | ||
(4) In this section, in relation to cases where a person’s employment has ceased, references to an employer include references to a former employer, and references to an employee include references to a former employee. | ||
(5) In this section— | ||
“employer”, in a case where emoluments are paid on behalf of another person, includes a reference to that other person; | ||
“remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay. |