Employment Equality Act, 1977

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Provisions supplemental to section 25.

26.—(1) Where a person, in respect of whose dismissal a prosecution for an offence under section 25 has not been brought, complains to the Court that he has been dismissed from his employment solely or mainly because he did in good faith a thing specified in section 2 (d) (i) to 2 (d) (iv), the following provisions shall apply:

(a) the Court shall investigate the complaint, and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(b) an investigation under this subsection shall be held in private, but the Court shall, if requested to do so by either person concerned, hold the investigation in public;

(c) where an investigation under this subsection is being held in public the Court may, if it is satisfied that any part of the investigation concerns a matter that should, in the interests of any person concerned, be treated as confidential, hold that part of the investigation in private;

(d) if after such investigation the Court is satisfied that the complaint is well founded, the Court may—

(i) order the re-instatement by the employer concerned of the dismissed person in the position which he held immediately before his dismissal on the terms and conditions on which he was employed immediately before his dismissal, together with a term that the re-instatement shall be deemed to have commenced on the day of the dismissal,

(ii) order the re-engagement by the employer concerned of the dismissed person either in the position which he held immediately before his dismissal or in a different position which would be reasonably suitable for him on such terms and conditions as are reasonable having regard to all the circumstances, or

(iii) by order direct the employer concerned to pay to the dismissed person such compensation as the Court considers reasonable in the circumstances, but not in any case more than 104 weeks' remuneration;

(e) an employer or dismissed person in respect of whom an order under this subsection has been made may appeal to the High Court on a point of law.

(2) Subject to subsection (5), if an order made by the Court under subsection (1) is not carried out within two months of the date of the making of the order (or, where there is an appeal under subsection (5) against the order, within two months of the date of the order of the Circuit Court on the appeal or, where there is an appeal under subsection (1) (e), within two months of the date of the order of the High Court on the appeal), the person to whom the direction is given shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 and, in the case of a continuing offence, to a further fine not exceeding £10 for every day during which the offence is continued.

(3) (a) On a conviction for an offence under this section, the court may, if it thinks fit and the dismissed person is present or represented and consents—

(i) order the re-instatement by the employer of the dismissed person in the position which he held immediately before his dismissal on the terms and conditions on which he was employed immediately before his dismissal, together with a term that the re-instatement shall be deemed to have commenced on the day of the dismissal,

(ii) order the re-engagement by the employer of the dismissed person either in the position which he held immediately before his dismissal or in a different position which would be reasonably suitable for him on such terms and conditions as are reasonable having regard to all the circumstances, or

(iii) impose on the convicted person, in addition to a fine imposed under subsection (2), a fine not exceeding the amount which in the opinion of the court the dismissed person would have received from the employer concerned by way of remuneration if the dismissal had not occurred.

(b) The amount of a fine imposed under paragraph (a) shall be paid to the employee concerned.

(c) Without prejudice to any right of appeal by any other person, the employee concerned shall have a right of appeal limited to the amount of the fine, either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district (or any part thereof) of the Justice of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final.

(d) The payment by a convicted person of a fine imposed under paragraph (a) shall be a good defence to any civil action brought by the employee concerned in respect of the remuneration mentioned in that paragraph.

(4) Save only where a reasonable cause can be shown, a complaint under this section shall be lodged not later than six months from the date of dismissal.

(5) A person to whom a direction is given in an order under subsection (1) may, notwithstanding section 17 of the Act of 1946, appeal against the order to the judge of the Circuit Court in whose circuit the person carries on business.