Industrial Relations (Miscellaneous Provisions) Act 2004
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Enforcement by Circuit Court. |
13.—(1) If any party to a complaint fails to carry out in accordance with its terms a decision of a rights commissioner or a determination of the Court under section 9 or 10 within 6 weeks from the date on which the decision or determination is communicated to the parties, the Circuit Court shall, on application to it in that behalf by— | |
(a) the employee concerned, or | ||
(b) with the consent of the employee, any trade union or excepted body of which the employee is a member, | ||
without hearing the respondent or any evidence (other than in relation to the matters aforesaid) make an order directing the respondent to carry out the decision or the determination in accordance with its terms. | ||
(2) The reference in subsection (1) to a decision of a rights commissioner or to a determination of the Court is a reference to such a decision or determination 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 and the reference to the date on which the decision or the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment. | ||
(3) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the respondent ordinarily resides or carries on any profession, trade or business, or in which the principal office of the respondent is situate. |