Employment Equality Act, 1977

Amendment of section 9 of Act of 1974.

30.—Section 9 (3) of the Act of 1974 is hereby amended by the substitution of the following paragraph for paragraph (a):

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

(i) order the re-instatement by the employer of the dismissed woman in the position which she held immediately before her dismissal on the terms and conditions on which she was employed immediately before her 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 woman either in the position which she held immediately before her dismissal or in a different position which would be reasonably suitable for her 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 (1), a fine not exceeding the amount which in the opinion of the court the dismissed woman would have received from the employer concerned by way of remuneration if the dismissal had not occurred, but not in any case more than 104 weeks' remuneration.”.