Employment Equality Act, 1977

Failure to implement determination of Court.

24.—(1) Where a person concerned or (in the case of a reference under section 20) the Minister complains to the Court that a determination under section 22 (b) to 22 (d) has not been implemented, the following provisions shall have effect:

(i) the Court shall consider the complaint and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(ii) if after such consideration the Court is satisfied that the complaint is well founded, the Court may by order direct the person failing to implement the determination to do such things as will in the opinion of the Court result in the determination being implemented by that person.

(2) If, where an order is made by the Court under subsection (1), the direction contained in the order is not carried out within two months from the date of the making of the order (or, where there is an appeal under section 21 (4), within two months of the date of the order of the High Court on the appeal), the person to whom the direction is addressed shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 and, in the case of a continuing offence, a further fine not exceeding £10 for every day during which the offence is continued.

(3) (a) On a conviction for an offence under this section the court may, in addition to imposing a fine, if it thinks fit and the person (in this subsection referred to as the plaintiff) in whose favour the determination was made either present or represented consents, award to the plaintiff a sum not exceeding such amount as in the opinion of the court the plaintiff would have received from the person against whom the determination was made by way of damages in respect of remuneration in relation to the matter the subject of the determination, but not in any case exceeding 104 weeks' remuneration.

(b) Damages awarded under paragraph (a) shall be paid to the plaintiff.

(c) The payment by a convicted person of a sum awarded under paragraph (a) shall be a good defence to any civil action brought by the plaintiff in respect of remuneration mentioned in that paragraph.

(d) Without prejudice to any right of appeal by any other person, the plaintiff shall have a right of appeal limited to the amount of damages, either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district (or any part thereof) of the Justice of the District Court by whom the award was made is situated, and the decision on such an appeal shall be final.