Maternity Protection of Employees Act, 1981
|
Disputes regarding entitlement under this Act. |
27.—(1) Any dispute (other than a claim under section 8 of the Act of 1977, as extended by section 26 ) between an employee to whom the Act of 1977 applies and to whom Part II or Part III applies and her employer, the successor or an associated employer, relating to the employee's entitlement under this Act (or to any matter arising out of or related to such an entitlement) may be referred by either party to the dispute to a rights commissioner or to the Tribunal. | |
(2) A rights commissioner or the Tribunal shall hear the parties to a dispute under this section and any evidence relevant to the dispute tendered by them and, in the case of a rights commissioner, shall make a recommendation in relation to the dispute and, in the case of the Tribunal, shall make a determination in relation to the dispute. | ||
(3) Sections 8 (3), 8 (4) (a), 8 (5) to 8 (10), 9 (1), 10 and 11 of the Act of 1977 shall apply in relation to a dispute under this section, subject to the following modifications: | ||
(a) references in those sections to a claim for redress under that Act shall be construed as references to a dispute under this section; | ||
(b) section 8 (4) (a) shall be construed as if “refer the claim to” were substituted for “bring the claim before”; | ||
(c) the reference in section 8 (8) (a) to the bringing of claims under that section shall be construed as a reference to the referral of a dispute under this section, and sections 8 (8) (d) and 8 (8) (g) shall be construed accordingly; | ||
(d) section 8 (10) shall be construed as if “under this section” were substituted for “in relation to a dismissal that is an unfair dismissal for the purposes of this Act”; | ||
(e) section 10 shall be construed as if “for an order directing the employer to carry out in accordance with its terms the determination” were substituted for “for redress under this Act” in subsection (1), and as if the following subsection were substituted for subsection (2): | ||
“(2) Where, in proceedings under this section, the Circuit Court finds that an employee is entitled to an order under subsection (1) of this section, it shall make such an order.”; | ||
(f) section 11 shall be construed as if “under this section” were substituted for “under this Act”. | ||
(4) The Minister may make regulations for the purpose of giving effect to this section and may by such regulations make any further modifications of the Act of 1977, or any modifications of regulations under that Act, as he thinks necessary. | ||
(5) In this section “the Tribunal” means the Employment Appeals Tribunal. |