Maternity Protection Act, 1994

Procedure for referral of disputes to rights commissioner.

31.—(1) The referral of a dispute shall be initiated by the employee or the relevant employer giving a notice in writing, containing such particulars (if any) as may be prescribed, to a rights commissioner—

(a) within the period of six months from the date on which the employer is informed of the initial circumstances relevant to the dispute, that is to say, that the employee is pregnant, has recently given birth or is breastfeeding or, in the case of an employee who is the father of a child, that the child's mother has died; or

(b) if the rights commissioner is satisfied that exceptional circumstances prevented the giving of the notice within the period specified in paragraph (a), within such period, not exceeding 12 months from the date so specified, as the rights commissioner considers reasonable.

(2) As soon as may be after a rights commissioner has received a notice under subsection (1) from one party to the dispute, the rights commissioner shall give a copy of the notice to the other party.

(3) Proceedings on the reference of a dispute to a rights commissioner shall be conducted otherwise than in public.

(4) The rights commissioner shall hear the parties to the dispute and any evidence tendered by them.

(5) The rights commisioner shall furnish the Tribunal with a copy of each decision given by the rights commissioner under this Part.