Employment (Miscellaneous Provisions) Act 2018
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Amendment of section 7 of Act of 1994 | ||
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12. Section 7 of the Act of 1994 is amended— | ||
(a) by the insertion of the following subsection after subsection (1): | ||
“(1A) An employee shall not be entitled to present a complaint under Part 4 of the Workplace Relations Act 2015 in respect of a contravention of section 3(1A)— | ||
(a) unless the employee has been in the continuous service of the employer for more than 1 month, or | ||
(b) if the employer concerned has been prosecuted for an offence under this Act in relation to the same contravention.”, | ||
(b) in subsection (2)— | ||
(i) by substituting “section 3, 4, 5, 6 or 6C” for “section 3, 4, 5 or 6” in each place where it occurs, | ||
(ii) in paragraph (d), by the insertion of “in relation to a complaint of a contravention under section 3, 4, 5 or 6, and without prejudice to any order made under paragraph (e)” before “order the employer”, | ||
and | ||
(c) by the insertion of the following paragraph after paragraph (d): | ||
“(e) in relation to a complaint of a contravention under section 6C, and without prejudice to any order made under paragraph (d), order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .”. |