National Minimum Wage Act, 2000

Power of Labour Court in relation to evidence.

28.—(1) The Labour Court, in the hearing of an appeal under section 27 , may take evidence on oath or affirmation and for that purpose may cause to be administered oaths to persons attending as witnesses at the hearing.

(2) A person who, on examination on oath or affirmation authorised under this section, wilfully and corruptly gives false evidence or wilfully and corruptly swears anything which is false, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) The Labour Court may, by notice in writing to a person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to the hearing of an appeal or to produce any documents in his or her possession, custody or control which relate to the matter of the hearing.

(4) A person to whom a notice under subsection (3) has been given who refuses or wilfully neglects to attend in accordance with the notice or who, 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 and shall be liable on summary conviction to a fine not exceeding £1,500.

(5) A document purporting to be signed by the chairperson of the Labour Court and stating that—

(a) a person named in the document was, by notice under subsection (3), required to attend before the Labour Court on a day and at a time and place specified in the document, to give evidence or produce a document,

(b) a sitting of the Labour Court was held on that day and at that time and place, and

(c) the person did not attend before the Labour Court in pursuance of the notice or, having so attended, refused to give evidence or refused or failed to produce the document,

shall, in a prosecution for an offence under subsection (4), be evidence of the matters stated, without further proof.

(6) A witness in a hearing of an appeal before the Labour Court has the same privileges and immunities as a witness before the High Court.