Agricultural Workers (Holidays and Wages) Act, 1969
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Civil proceedings. |
7.—(1) Where there has been a failure in compliance such as is referred to in subsection (1) of section 6 of this Act, then, whether proceedings have or have not been brought under that section— | |
(a) the worker may recover from the employer a sum equal to the amount not paid in relation to the public holiday or, where appropriate, equal to the sum improperly deducted from wages, and | ||
(b) such recovery may also be effected by an officer of the Board by proceedings taken by him in the name and on behalf of the worker. | ||
(2) Notwithstanding anything in any enactment proceedings under this section shall not be commenced to recover any sum unless— | ||
(a) if the worker has at the date of the commencement of the proceedings ceased to be in the employment of the employer— | ||
(i) the proceedings are commenced within twenty-four months of the date of such cesser, and | ||
(ii) the failure in compliance occurred within the twenty-four months immediately preceding the date of such cesser, or | ||
(b) if the worker is in the employment of the employer at the date of the commencement of the proceedings—the failure in compliance occurred within the twenty-four months immediately preceding the date of the commencement of the proceedings. | ||
(3) Nothing in this or the immediately preceding section shall be construed as enabling any sum to be recovered more than once. |