Industrial Relations (Amendment) Act 2012

Amendment of section 32 of Act of 1946.

8.— Section 32 of the Act of 1946 is amended—

(a) by substituting the following subsection for subsection (4):

“(4) If an employer fails to comply with an order under paragraph (b) of subsection (1) within 28 days from the date on which the terms of the order are communicated to the parties, the Circuit Court shall, on application to it in that behalf by—

(a) the worker concerned (or, in the case of a worker who has not reached the age of 18 years, the worker’s parent or guardian with his or her consent),

(b) with the consent of the worker, any trade union of which the worker is a member, or

(c) the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances,

without hearing the employer or any evidence (other than in relation to the matters aforesaid), make an order directing the employer to comply with the terms of the order.”,


(b) by inserting the following new subsections:

“(5) The reference in subsection (4) to an order of the Labour Court is a reference to such order 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 references to the date on which the terms of the order are communicated to the parties shall, in a case where such an appeal is abandoned, be construed as references to the date of such abandonment.

(6) The Circuit Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to the payment of compensation, direct the employer concerned to pay to the worker concerned interest on the compensation at the rate specified for the time being in section 26 of the Debtors (Ireland) Act 1840 , in respect of the whole or any part of the period beginning 6 weeks after the date on which the order of the Labour Court is communicated to the parties and ending on the date of the order under this section.

(7) 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 employer concerned ordinarily resides or carries on any profession, trade, business or occupation.”.