Safety, Health and Welfare at Work Act 2005
Complaints to rights commissioners. |
28.—(1) Without prejudice to section 27 (4), an employee may present a complaint to a rights commissioner that his or her employer has contravened section 27 . | |
(2) Where a complaint under subsection (1) is made, the rights commissioner shall— | ||
(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, | ||
(b) give a decision in writing in relation to it, and | ||
(c) communicate the decision to the parties. | ||
(3) A decision of a rights commissioner under subsection (2) shall do one or more of the following: | ||
(a) declare that the complaint was or, as the case may be, was not well founded; | ||
(b) require the employer to take a specific course of action; | ||
(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances. | ||
(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him or her within the period of 6 months beginning on the date of the contravention to which the complaint relates or such further period not exceeding 6 months as the rights commissioner considers reasonable. | ||
(5) (a) A complaint shall be presented by giving notice of it in writing to a rights commissioner and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister. | ||
(b) A copy of a notice under paragraph (a) shall be given to the other party concerned by the rights commissioner concerned. | ||
(6) Proceedings under this section before a rights commissioner shall be conducted otherwise than in public. | ||
(7) A rights commissioner shall furnish the Labour Court with a copy of any decision given by the commissioner under subsection (2). |