Parental Leave Act, 1998

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Enforcement of decisions of rights commissioner and determinations of Tribunal.

22.—(1) (a) If a person fails or refuses to comply with a decision of a rights commissioner under this Part (“a decision”), or a determination of the Tribunal under this Act (“a determination”), the Circuit Court shall, on application to it in that behalf by—

(i) the other party concerned, or

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

make an order directing that party to carry out the decision or determination in accordance with its terms.

(b) In paragraph (a), the reference to a decision or a determination is a reference to such a decision or determination, as the case may be, in relation to 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.

(2) Notwithstanding subsection (1), where, in proceedings under that subsection, the Circuit Court is satisfied that, owing to lapse of time, it would not be possible to comply with an order under that subsection, that 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.