Anti-Discrimination (Pay) Act, 1974

Provisions applying to dismissal because of equal pay claim.

10.—(1) Where a woman, in respect of whose dismissal a prosecution for an offence under section 9 has not been brought, complains to the Court that she has been dismissed from her employment solely or mainly because she had claimed from her former employer the same rate of remuneration as a man employed by the same employer (or by an associated employer within the meaning of section 2) in the same place on like work, the following provisions shall apply:

(a) the Court shall investigate the complaint, and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(b) an investigation under this subsection shall be held in private, but the Court shall, if requested to do so by a party to the dispute, hold the investigation in public;

(c) where an investigation under this subsection is being held in public the Court may, if it is satisfied that any part of the investigation concerns a matter that should, in the interests of any party to the dispute, be treated as confidential, hold that part of the investigation in private;

(d) if after such investigation the Court is satisfied that the complaint is well founded, the Court may by order direct the employer to pay to the woman a sum by way of compensation equal to the remuneration she would have received to the date of the order of the Court if she had not been dismissed, but not in any such case more than 104 weeks' remuneration and may recommend her reinstatement in her former position.

(2) Subject to subsection (5), if where an order is made by the Court under subsection (1) the direction contained in the order is not carried out within two months of the date of the making of the order (or, where there is an appeal under subsection (5) againstthe order, within two months of the date of the order of the Circuit Court on the appeal), the person to whom the direction is given shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 and, in the case of a continuing offence, to a further fine not exceeding £10 for every day during which the offence is continued.

(3) (a) Where on a conviction for an offence under this section the court is satisfied that a person (in this paragraph referred to as the plaintiff) would be entitled to recover in a civil action arrears of remuneration, the court may, if it thinks fit and the plaintiff present or represented consents, impose on the convicted person, in addition to any other punishment, a fine not exceeding the amount which in the opinion of the court the plaintiff would be entitled to recover against the convicted person in respect of such arrears of remuneration.

(b) The amount of a fine imposed under paragraph (a) shall be paid to the plaintiff.

(c) The payment by a convicted person of a fine imposed under paragraph (a) shall be a good defence to any civil action brought by the plaintiff in respect of the arrears of remuneration referred to in that paragraph.

(d) Without prejudice to any right of appeal by any other person, the plaintiff shall have a right of appeal limited to the amount of the fine, either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district (or any part thereof) of the Justice of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final.

(4) Save only where no reasonable cause can be shown a complaint under this section shall be lodged not later than six months from the date of dismissal.

(5) A person to whom a direction is given in an order under subsection (1) may, notwithstanding section 17 of the Industrial Relations Act, 1946 , appeal against the order to the judge of the Circuit Court in whose circuit the person carries on business.