Carer's Leave Act, 2001
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Enforcement of decisions and determinations. |
22.—(1) If a person fails or refuses to comply with a decision of a rights commissioner under section 19 or a determination of the Tribunal referred to in section 20 and in respect of 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— | |
(a) the other party to the dispute, or | ||
(b) the Minister, if he or she is of the opinion that it is appropriate to do so having regard to all the circumstances, | ||
may apply to the Circuit Court for an order directing that party to carry out the terms of the decision or determination. | ||
(2) Where, in proceedings under subsection (1), the Circuit Court is satisfied that, owing to lapse of time, it would not be possible for one party to comply with an order under that subsection, the Circuit 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. |