Work Life Balance and Miscellaneous Provisions Act 2023
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Decision under section 41 or 44 of Act of 2015 | ||
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27. (1) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first-mentioned decision in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 21 (1) may— | ||
(a) direct that the employer comply with paragraph (a) of section 21 (1), | ||
(b) direct that the employer comply with any of the requirements of paragraph (b) of section 21 (1) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 20 was a reference to such date as may be specified in the direction, | ||
(c) award compensation in favour of the employee concerned to be paid by the employer concerned, or | ||
(d) specify both a direction referred to in paragraph (a) or (b), or both, and an award referred to in paragraph (c). | ||
(2) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first‑mentioned decision in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 22 may award compensation in favour of the employee concerned to be paid by the employer concerned. | ||
(3) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first‑mentioned decision in relation to a dispute between an employee and his or her employer relating to the fulfilment by the employer of his or her obligations under section 24 (3) may— | ||
(a) direct that the employer comply with paragraph (a) of section 24 (3), | ||
(b) direct that the employer comply with any of the requirements of paragraph (b) of section 24 (3) as if the reference in that subsection to the date that is 4 weeks after the receipt of the employee’s request under section 24 (1) was a reference to such date as may be specified in the direction, | ||
(c) award compensation in favour of the employee concerned to be paid by the employer concerned, or | ||
(d) specify both a direction referred to in paragraph (a) or (b), or both, and an award referred to in paragraph (c). | ||
(4) A decision of an adjudication officer under section 41 of the Act of 2015, or a decision of the Labour Court under section 44 of that Act on appeal from the first‑mentioned decision in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under this Part (other than sections 21 , 22 and 24 ) may award compensation in favour of the employee concerned to be paid by the employer concerned. | ||
(5) An award of compensation referred to in subsections (1)(c), (2), (3)(c) or (4) shall be of such amount as the adjudication officer or the Labour Court, as the case may be, considers just and equitable having regard to all the circumstances but shall not exceed 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed. | ||
(6) In making a decision referred to in subsection (1), (2) or (3), an adjudication officer or the Labour Court, as the case may be, shall not assess the merits of— | ||
(a) the decision of the employer reached following his or her consideration under section 21 (1)(a) of the employee’s request, | ||
(b) the refusal by the employer under section 21 (1)(b)(ii) or the reasons for such refusal given under that provision, | ||
(c) the decision of the employer to terminate, under section 22 , a remote working arrangement or the grounds given by the employer under that section for such termination, | ||
(d) the refusal by the employer under section 24 (3)(b)(ii) or the reasons for such refusal given under that provision, or | ||
(e) the refusal by the employer under section 24 (4) or the alternative date proposed under that provision. | ||
(7) In this section, “remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay. |