Adoptive Leave Act, 1995

Redress.

33.—(1) On the hearing of a dispute under this Part, a rights commissioner or the Tribunal shall—

(a) in the case of a rights commissioner, make a decision in relation to the dispute, or

(b) in the case of the Tribunal, make a determination in relation to the dispute,

and may give to the parties concerned such directions as the rights commissioner or the Tribunal, as the case may be, considers necessary or expedient for the resolution of the dispute.

(2) A decision or determination under subsection (1) shall, if the rights commissioner or Tribunal, as the case may be, considers it appropriate, include an award of compensation in favour of the adopting parent to be paid by the relevant employer.

(3) Compensation under this section shall be of such amount as the rights commissioner or Tribunal deems just and equitable having regard to all the circumstances of the case but shall not exceed 20 weeks' remuneration in respect of the adopting parent's employment calculated in accordance with regulations made under section 32 .

(4) In this section “remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay.

(5) The decision of a rights commissioner or determination of the Tribunal shall be in writing and shall be communicated to the parties by the rights commissioner or Tribunal, as the case may be.