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Recovery of holiday remuneration.
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7.—(1) Where proceedings are brought against an agricultural employer charging him with an offence under this Act in relation to any alleged default in payment of holiday remuneration, the Court may, whether there is a conviction or not, if satisfied that there has been default within the twenty-four months immediately preceding the date on which the proceedings were commenced, order the employer to pay to the worker a sum equal to the amount of the default.
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(2) Where there has been a default in payment of holiday remuneration, then, subject to subsection (3) of this section, an officer of the Board may, in the name and on behalf of the worker, institute civil proceedings to recover the amount of the default, without prejudice to the right of the worker to institute such proceedings.
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(3) Notwithstanding anything contained in any enactment, civil proceedings shall not be commenced to recover the amount of any default in payment unless—
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(a) if the worker has at the date of the commencement of the proceedings ceased to be in the employment of the employer—
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(i) the proceedings are commenced within twenty-four months of the date of such cesser, and
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(ii) the default occurred within the twenty-four months immediately preceding the date of such cesser, or
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(b) if the worker is in the employment of the employer at the date of the commencement of the proceedings—the default occurred within the twenty-four months immediately preceding the date of the commencement of the proceedings.
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(4) Any agreement for the payment of holiday remuneration in contravention of this Act or for abstaining from exercising any right of enforcing the payment of holiday remuneration in accordance with this Act shall be void.
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