Maternity Protection Act, 1994


Resolution of Disputes

Reference of disputes to which Part V applies.

30.—(1) Subject to subsection (2), this Part applies to any dispute between an employee and the relevant employer relating to any entitlement of the employee under Parts II to IV (or any matter arising out of or related to such an entitlement) other than—

(a) a dispute relating to the dismissal of an employee; or

(b) a dispute as to a matter which is within the competence of the Authority under the 1989 Act;

and in the following provisions of this Part “dispute” means one to which this Part applies.

(2) This Part does not apply where the employee is in employment as a member of the Defence Forces and, accordingly, in the following provisions of this Part, “employee” does not include an employee in such employment.

(3) In this Part “the relevant employer”, in relation to an employee, means the employee's employer or, where appropriate, the successor or an associated employer.

(4) Either the employee or the relevant employer may refer a dispute to a rights commissioner.

(5) The Minister may make regulations for the purposes of this Part, and in this Part “prescribed” means prescribed by such regulations.

(6) In subsection (1) (a) “dismissal” has the same meaning as in the 1977 Act except that, in applying that definition for the purposes of subsection (1) (a), the expressions “employer” and “contract of employment”, where used in that definition, shall be given the same meanings as in this Act.