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Decision under section 41 or 44 of Act of 2015 in relation to dispute under Part IIA
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13. The Principal Act is amended by the insertion of the following section after section 21:
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“21A. (1) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 13C(1) may—
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(a) direct that the employer comply with paragraph (a) of section 13C(1),
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(b) direct that the employer comply with any of the requirements of paragraph (b) of section 13C(1) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 13B was a reference to such date as may be specified in the direction,
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(c) award compensation in favour of the employee concerned to be paid by the employer concerned, or
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(d) specify both a direction referred to in paragraph (a) or (b), or both, and an award referred to in paragraph (c).
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(2) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under sections 13D or 13E, may award compensation in favour of the employee concerned to be paid by the employer concerned.
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(3) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 13F(3), may—
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(a) direct that the employer comply with any of the requirements of section 13F(3) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 13F(1) was a reference to such date as may be specified in the direction,
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(b) award compensation in favour of the employee concerned to be paid by the employer concerned, or
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(c) specify both a direction referred to in paragraph (a) and an award referred to in paragraph (b).
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(4) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision, in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under section 13G may award compensation in favour of the employee concerned to be paid by the employer concerned.
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(5) An award of compensation referred to in subsections (1)(c), (2), (3)(b) or (4) shall be of such amount as the adjudication officer or the Labour Court, as the case may be, considers just and equitable having regard to all the circumstances but shall not exceed 20 weeks’ remuneration in respect of the employee’s employment calculated in the manner as may be prescribed.
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(6) In making a decision referred to in subsection (1), (2) or (3), an adjudication officer or the Labour Court, as the case may be, shall not assess the merits of—
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(a) the decision of the employer reached following his or her consideration under section 13C(1)(a) of the employee’s request,
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(b) the refusal by the employer under section 13C(1)(b)(ii) or the reasons for such refusal given under that provision,
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(c) the decision of the employer to terminate, under section 13E, a flexible working arrangement or the grounds given by the employer under that section for such termination,
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(d) the refusal by the employer under section 13F(3)(b) or the reasons for such refusal given under that provision, or
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(e) the refusal by the employer under section 13F(4) or the alternative date proposed under that provision.
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(7) In this section, ‘remuneration’ includes allowances in the nature of pay and benefits in lieu of or in addition to pay.”.
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