Minimum Notice and Terms of Employment Act, 1973

Rights of employee on default of employer.

12.—(1) If an employer—

(a) fails to give to an employee the notice required by section 4 (2) of this Act, or

(b) fails to comply with the provisions of section 5 of this Act in relation to the rights of the employee during the period of notice,

the employee may refer the matter to the Tribunal for arbitration and the Tribunal may award to the employee compensation for any loss sustained by him by reason of the default of the employer.

(2) The amount of any compensation awarded by the Tribunal under subsection (1) of this section shall be recoverable by the employee from his employer as a simple contract debt in a court of competent jurisdiction.

(3) Proceedings for the recovery of any sum due by way of compensation awarded by the Tribunal under subsection (1) of this section may be instituted and maintained on behalf of the employee by the Minister or by that employee's trade union.