Parental Leave Act, 1998
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Redress. |
21.—(1) On the hearing of a dispute, a rights commissioner or the Tribunal shall— | |
(a) in the case of a rights commissioner, make a decision in relation to the dispute, or | ||
(b) in the case of the Tribunal, make a determination in relation to the dispute, | ||
and may, in the decision or determination, as the case may be, give to the parties concerned such directions as the rights commissioner or the Tribunal, as the case may be, considers necessary or expedient for the resolution of the dispute. | ||
(2) Under subsection (1), the rights commissioner or the Tribunal may order such redress for the party concerned as the rights commissioner or the Tribunal, as the case may be, considers appropriate, having regard to all the circumstances and to the provisions of this Act, and specifies, including either or both of the following: | ||
(a) the grant of parental leave of such length to be taken at such time or times and in such manner as may be so specified, | ||
(b) an award of compensation in favour of the employee concerned to be paid by the employer concerned. | ||
(3) Compensation under subsection (2)(b) shall be of such amount as the rights commissioner or the Tribunal deems 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 such manner as may be prescribed. | ||
(4) The decision of a rights commissioner or the determination of the Tribunal shall be in writing and shall be communicated to the parties by the rights commissioner or the Tribunal, as the case may be. | ||
(5) A rights commissioner or the Tribunal may, if the commissioner or the Tribunal considers it reasonable to do so, having regard to the illness or other incapacity of the employee concerned or any other circumstance direct that parental leave be taken at a time that does not accord with section 6 (3). | ||
(6) Without prejudice to the generality of subsections (1) and (2), where, on a reference under section 18 (2) or an appeal under section 19 (1), a rights commissioner or the Tribunal is satisfied that the taking of parental leave at the time specified in the notice under section 8 (1) concerned would have a substantial adverse effect by reason of any of the matters specified in section 11 (1), the commissioner or the Tribunal, as the case may be, may, if the commissioner or the Tribunal considers it reasonable to do so, direct that the commencement of the leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11 (1)). | ||
(7) Without prejudice to the generality of subsections (1) and (2), where, on a reference under section 18 (2) or an appeal under section 19 (1), a rights commissioner or the Tribunal considers that it is reasonable to do so because of a serious and substantial change in any circumstances affecting the employer or the employee, the commissioner or the Tribunal may direct that the period of parental leave concerned be curtailed or that its form be varied or its commencement postponed for a specified period or that parental leave not taken by reason of curtailment as aforesaid be taken at a specified time. | ||
(8) Where appropriate, the confirmation document concerned shall be amended by the parties to it so as to accord with a decision, determination or direction under this section. | ||
(9) In this section “remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay. |