Unfair Dismissals (Amendment) Act, 1993

• Permanent Page URL

Amendment of section 8 of Principal Act.

7.—Section 8 of the Principal Act is hereby amended by—

(a) the substitution of the following subsections for subsections (2), (3) and (4):

“(1A) There shall be included in—

(a) a recommendation of a rights commissioner under subsection (1) of this section,

(b) a determination of the Tribunal under the said subsection (1), and

(c) an order of the Circuit Court, under section 11 of the Unfair Dismissals (Amendment) Act, 1993,

under which specified redress under this Act is awarded to an employee a statement of the reasons why either of the other forms of redress specified in section 7 (1) of this Act was not awarded to the employee.

(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section) to a rights commissioner or the Tribunal, as the case may be—

(a) within the period of 6 months beginning on the date of the relevant dismissal, or

(b) if the rights commissioner or the Tribunal, as the case may be, is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner or the Tribunal, as the case may be, considers reasonable,

and a copy of the notice shall be given by the rights commissioner or the Tribunal, as the case may be, to the employer concerned as soon as may be after the receipt of the notice by the rights commissioner or the Tribunal.

(3) A rights commissioner shall not hear a claim for redress under this Act if—

(a) the Tribunal has made a determination in relation to the claim, or

(b) any party concerned notifies the rights commissioner in writing, within 21 days of the giving to the employer pursuant to subsection (2) of this section of the copy of the notice concerned referred to in that subsection and relating to the claim, that he objects to the claim being heard by a rights commissioner.

(4) (a) Where a recommendation of a rights commissioner in relation to a claim for redress under this Act has not been carried out by the employer concerned in accordance with its terms, the time for bringing an appeal against the recommendation has expired and no such appeal has been brought, the employee concerned may bring the claim before the Tribunal and the Tribunal shall, notwithstanding subsection (5) of this section, without hearing the employer concerned or any evidence (other than in relation to the matters aforesaid), make a determination to the like effect as the recommendation.

(b) The bringing of a claim before the Tribunal by virtue of this subsection shall be effected by giving to the Tribunal a notice in writing containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section.”,

(b) in subsection (5),

(i) the deletion of “Subject to subsection (4) of this section,”, and

(ii) the substitution of the following paragraph for paragraph (b):

“(b) unless, before the commencement of the hearing of the claim, one of the parties concerned notifies in writing—

(i) in a case where the claim has been initiated before a rights commissioner, the rights commissioner, or

(ii) in any other case, the Tribunal,

that he objects to the claim being heard by a rights commissioner.”,

(c) in subsection (9), the insertion after “the said section 39” of “with the substitution in paragraph (e) of the said subsection (17) of ‘a fine not exceeding £1,000’ for ‘a fine not exceeding twenty pounds’”, and

(d) the substitution of the following subsections for subsection (10):

“(10) (a) A dispute in relation to a dismissal as respects which a recommendation has been made by a rights commissioner under this Act or a hearing by the Tribunal under this Act has commenced shall not be referred, under the Industrial Relations Acts, 1946 to 1990, to a rights commissioner or the Labour Court.

(b) Where, in relation to a dismissal, a recommendation has been made by a rights commissioner, or a hearing by the Labour Court under the said Acts has commenced, the employee concerned shall not be entitled to redress under this Act in respect of the dismissal.

(11) Where the dismissal of an employee is an unfair dismissal and a term or condition of the contract of employment concerned contravened any provision of or made under the Income Tax Acts or the Social Welfare Acts, 1981 to 1993, the employee shall, notwithstanding the contravention, be entitled to redress under this Act, in respect of the dismissal.

(12) Where, in proceedings under this Act, it is shown that a term or condition of a contract of employment contravened any such provision as aforesaid, the rights commissioner, the Tribunal or the Circuit Court, as the case may be, shall notify the Revenue Commissioners or the Minister for Social Welfare, as may be appropriate, of the matter.”.