Adoptive Leave Act, 1995

Referral of disputes to rights commissioner.

34.—(1) Referral of a dispute under this Part shall be initiated by giving a notice in writing, containing such particulars (if any) as may be prescribed, to a rights commissioner—

(a) (i) not later than 6 months from the day of placement or, in circumstances where no placement takes place, within the period of 6 months from the date on which the employer receives the first notification of the adopting parent's intention to take leave under this Act, whether it be adoptive leave or additional adoptive leave, or

(ii) in the case of an adopting father, not later than 6 months from the date on which the adopting mother died, or

(b) if the rights commissioner is satisfied that exceptional circumstances prevented the giving of the notice within the period aforesaid, then, within such period not exceeding 12 months from the date aforesaid as the rights commissioner considers reasonable,

and a copy of the notice shall be given by the rights commissioner to the other party to the dispute as soon as may be after the receipt of the notice by the rights commissioner.

(2) Proceedings under this Part before a rights commissioner shall be conducted otherwise than in public.

(3) A rights commissioner shall furnish the Tribunal with a copy of a decision given under this Part.