Parent's Leave and Benefit Act 2019

Decision under section 41 or 44 of Act of 2015

24. (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part 2 or 3 (or any matter arising out of or related to such entitlement) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may specify—

(a) the grant to the employee of parent’s leave of such length to be taken at such time or times and in such manner as may be so specified,

(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding such number of weeks of remuneration equivalent to the number of weeks referred to in section 5 (1) in respect of the employee’s employment as the adjudication officer considers just and equitable having regard to all of the circumstances, or

(c) both such grant and such award.

(2) Without prejudice to the generality of subsection (1), a decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute referred to in subsection (1) may contain a direction that the commencement of parent’s leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 13 (1)), provided that the adjudication officer—

(a) is satisfied that the taking of such leave at the time specified in the relevant notification concerned would have a substantial adverse effect by reason of any of the matters specified in paragraph (a), (b), (c), (d), or (e) of section 13 (1), and

(b) considers that it is reasonable to give such a direction in the circumstances.

(3) A decision of the Labour Court under section 44 of the Act of 2015, on appeal from a decision of an adjudication officer to which this section applies, shall affirm, vary or set aside the decision.

(4) In this section, “remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay.