Protection of Young Persons (Employment) Act, 1996

Appeals from and enforcement of recommendations of rights commissioner.

19.—(1) A party concerned may appeal to the Tribunal from a recommendation of a rights commissioner under section 18 and, if the party does so, the Tribunal shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the recommendation and shall communicate the determination to the parties.

(2) (a) Subject to any regulations made under subsection (3) (g), an appeal under this section shall be initiated by the party concerned giving, within 6 weeks of the date on which the recommendation to which it relates was communicated to the party, a notice in writing to the Tribunal containing such particulars (if any) as may be specified in regulations under subsection (3) and stating the intention of the party concerned to appeal against the recommendation.

(b) A copy of a notice under paragraph (a) 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.

(3) The Minister may by regulations provide for all or any of the following matters in relation to proceedings under this Act before the Tribunal and for anything consequential thereon or incidental or ancillary thereto—

(a) the procedure in relation to all matters concerning the initiation and the hearing by the Tribunal of appeals under this section,

(b) the times and places of hearings of such appeals,

(c) the representation of the parties to such appeals,

(d) the publication and notification of determinations of the Tribunal,

(e) the particulars to be contained in a notice under subsection (2),

(f) the award by the Tribunal of costs and expenses in relation to such appeals and the payment thereof,

(g) the extension by the Tribunal of the time for initiating such appeals.

(4) (a) The Minister may, at the request of the Tribunal, refer a question of law arising in proceedings before it to the High Court for determination by it and the determination of the High Court shall be final and conclusive.

(b) A party to proceedings before the Tribunal may appeal to the High Court from a determination of the Tribunal on a point of law and the determination of the High Court shall be final and conclusive.

(5) (a) The Tribunal shall, on the hearing of any matter referred to it under this section, have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.

(b) Any person who, upon examination on oath authorised under this subsection, wilfully gives false evidence or wilfully swears anything which is false, being convicted thereof, shall be liable to the penalties for perjury.

(c) The Tribunal may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Tribunal under this section or to produce any documents in his or her possession, custody or control which relate to any such matter.

(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he or she ordinarily resides.

(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence.

(6) (a) Where a recommendation of a rights commissioner in relation to a complaint 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 complaint before the Tribunal and the Tribunal shall, without hearing the employer concerned, other than in relation to the matters aforesaid or any evidence other than in relation to such matters, make a determination to the like effect as the recommendation.

(b) The bringing of a complaint 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 made for the purposes of subsection (3).