PART 4

Resolution of Disputes

Disputes.

17. —(1) This Part applies to any dispute between an employee and the employer relating to any entitlement of the employee under this Act (or any matter arising out of or related to such an entitlement) but does not apply to a dispute relating to—

(a) any matter arising out of section 6 (5) and 6(6),

(b) any matter arising out of paragraphs (a), (c) and (d) of section 6 (1), and

(c) any matter arising out of section 18 .

(2) Where, in a dispute, there is a decision of a deciding officer or an appeals officer that concerns a matter specified in paragraph (a), (b) or (c) of subsection (1), the rights commissioner shall accept that decision as a final determination of that matter.

(3) A document purporting to be a decision of a deciding officer or an appeals officer and signed by that officer shall be sufficient evidence of the making of the decision and of its terms, without proof of the signature of that officer or of the official capacity of that officer.

(4) This Part does not apply to a member of the Defence Forces.

Reference by employer to Minister for Social, Community and Family Affairs on certain issues.

18. —(1) An employer who is of the opinion that—

(a) the person in respect of whom the employee proposes to take carer's leave is not or is no longer a relevant person, or

(b) the person in respect of whom carer's leave has been granted, and in respect of whom the employee is on carer's leave, is not or is no longer a relevant person,

shall notify the Minister for Social, Community and Family Affairs of his or her opinion and the grounds for that opinion.

(2) An employer who is of the opinion that an employee who proposes to take, or is on, carer's leave does not satisfy the conditions for providing full-time care and attention to the relevant person shall notify the Minister for Social, Community and Family Affairs of his or her opinion and the grounds for such opinion.

(3) An employer who is of the opinion that an employee who proposes to take, or is on, carer's leave is engaging or has engaged in employment or self-employment other than as prescribed under section 82B(3) (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993 shall notify the Minister for Social, Community and Family Affairs of his or her opinion and the grounds for such opinion.

(4) On receipt of a notification under subsection (1), (2) or (3), the notification shall be referred to a deciding officer for a decision under the Act of 1993 as to whether—

(a) the person referred to in subsection (1) is a relevant person,

(b) the employee satisfies the conditions for providing full-time care and attention to the relevant person, or

(c) the employee is engaging or has engaged in employment or self-employment other than as prescribed under section 82B(3) (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993.

for the purposes of Chapter 11A (inserted by the Act of 2000) of Part II of the Act of 1993.

(5) A decision of a deciding officer under subsection (4) may be appealed under section 257 of the Act of 1993.

Reference of disputes to rights commissioner.

19. —(1) An employee may refer a dispute to a rights commissioner that the employee's employer has contravened a provision of this Act in relation to the employee.

(2) A rights commissioner—

(a) shall hear the parties to a dispute and receive any relevant evidence tendered by either of them,

(b) shall give a decision on the dispute in writing, and may, in accordance with section 21 , make provision for redress, and

(c) shall communicate the decision to the parties.

(3) An employee making a reference under subsection (1) shall give a notice in writing containing such particulars (if any) as may be prescribed to a rights commissioner within 6 months of the date of the contravention giving rise to the dispute.

(4) The rights commissioner shall give a copy of the notice referred to in subsection (3) to the employer.

(5) Proceedings before a rights commissioner under this section shall be conducted otherwise than in public.

(6) A rights commissioner shall furnish a copy of each decision made by him or her under this Part to the Tribunal.

(7) The Minister may by regulation provide for any matters relating to the proceedings under this section that the Minister considers appropriate.

(8) A rights commissioner may, if he or she considers it reasonable to do so having regard to all the circumstances, extend by a specified period (not exceeding a further period of 6 months) the period of time within which a notice under subsection (3) is required to be given.

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.

Redress.

21. —(1) The rights commissioner or the Tribunal may order such redress for the party concerned as the rights commissioner or the Tribunal considers appropriate, having regard to all the circumstances and to the provisions of this Act, and accordingly may specify—

(a) the grant of carer's leave of such length to be taken at such time or times and in such manner as may be so specified,

(b) an award of compensation in favour of the employee concerned to be paid by the employer concerned, or

(c) a grant referred to in paragraph (a) and an award referred to in paragraph (b).

(2) Compensation under subsection (1)(b) shall be of such amount as the rights commissioner or the Tribunal deems just and equitable having regard to all the circumstances but shall not exceed 26 weeks remuneration in respect of the employee's employment calculated in such manner as may be prescribed.

(3) The decision of a rights commissioner or the determination of the Tribunal shall be in writing and shall be communicated to the parties by the rights commissioner or the Tribunal, as the case may be.

(4) Where appropriate, the confirmation document concerned shall be amended by the parties so as to accord with a decision, determination or direction under this section.

(5) In this section “remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay.

Enforcement of decisions and determinations.

22. —(1) If a person fails or refuses to comply with a decision of a rights commissioner under section 19 or a determination of the Tribunal referred to in section 20 and in respect of which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought, it has been abandoned—

(a) the other party to the dispute, or

(b) the Minister, if he or she is of the opinion that it is appropriate to do so having regard to all the circumstances,

may apply to the Circuit Court for an order directing that party to carry out the terms of the decision or determination.

(2) Where, in proceedings under subsection (1), the Circuit Court is satisfied that, owing to lapse of time, it would not be possible for one party to comply with an order under that subsection, the Circuit Court shall make an order providing for such redress as it considers appropriate having regard to the provisions of this Act and all the circumstances.

(3) In an order under this section providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the employer concerned to pay to the employee concerned interest on the compensation 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 4 weeks after the date on which the decision or determination concerned is communicated to the parties and ending on the date of the order.

(4) Proceedings under this section shall be heard in the county in which the relevant employer ordinarily resides or carries on any profession, business or occupation.

Appeal to High Court on point of law.

23. —(1) The Tribunal may refer a question of law arising in proceedings before it under this Part to the High Court for determination by it.

(2) A party to proceedings before the Tribunal under this Part may appeal to the High Court from a determination of the Tribunal on a point of law.