Unfair Dismissals (Amendment) Act, 1993
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Amendment of section 7 of Principal Act. |
6.—Section 7 of the Principal Act is hereby amended by— | |
(a) in subsection (1), the substitution of the following for paragraph (c): | ||
“(c) (i) if the employee incurred any financial loss attributable to the dismissal, payment to him by the employer of such compensation in respect of the loss (not exceeding in amount 104 weeks remuneration in respect of the employment from which he was dismissed calculated in accordance with regulations under section 17 of this Act) as is just and equitable having regard to all the circumstances, or | ||
(ii) if the employee incurred no such financial loss, payment to the employee by the employer of such compensation (if any, but not exceeding in amount 4 weeks remuneration in respect of the employment from which he was dismissed calculated as aforesaid) as is just and equitable having regard to all the circumstances, | ||
and the references in the foregoing paragraphs to an employer shall be construed, in a case where the ownership of the business of the employer changes after the dismissal, as references to the person who, by virtue of the change, becomes entitled to such ownership.”, | ||
(b) in subsection (2), the deletion of “and” in paragraph (c) and the substitution of the following paragraphs for paragraph (d): | ||
“(d) the extent (if any) of the compliance or failure to comply by the employer, in relation to the employee, with the procedure referred to in subsection (1) of section 14 of this Act or with the provisions of any code of practice relating to procedures regarding dismissal approved of by the Minister, | ||
(e) the extent (if any) of the compliance or failure to comply by the employer, in relation to the employee, with the said section 14, and | ||
(f) the extent (if any) to which the conduct of the employee (whether by act or omission) contributed to the dismissal.”, | ||
and | ||
(c) the insertion of the following subsection after subsection (2): | ||
“(2A) In calculating financial loss for the purposes of subsection (1), payments to the employee— | ||
(a) under the Social Welfare Acts, 1981 to 1993, in respect of any period following the dismissal concerned, or | ||
(b) under the Income Tax Acts arising by reason of the dismissal, | ||
shall be disregarded.”. |