PART IV

Resolution of Disputes

17. —In this Part—

“dispute” shall be construed in accordance with section 18 .

18. —(1) This Part does not apply to a member of the Defence Forces.

(2) Any dispute or difference between an employee and his or her employer relating to the entitlements of the employee under this Act (or to any matter arising out of or related to those entitlements or otherwise arising under this Act) other than a dispute or difference—

(a) relating to a dismissal from employment, including a dismissal within the meaning of the Unfair Dismissals Acts, 1977 to 1993,

(b) consisting of a question to which section 39 (15) of the Redundancy Payments Act, 1967 , applies, or

(c) a dispute to which section 11 of the Minimum Notice and Terms of Employment Act, 1973 , applies,

may be referred by either of those parties to a rights commissioner, and in the subsequent provisions of this Part “dispute” means a dispute or difference which is or may be referred as aforesaid.

(3) A rights commissioner shall hear the parties to a dispute and receive any relevant evidence tendered by either of them.

(4) A reference under subsection (2) shall be made by giving to a rights commissioner a notice in writing containing such particulars (if any) as may be prescribed and a copy of the notice shall be given by the commissioner to the other party to the dispute.

(5) A notice under subsection (4) shall be given as soon as reasonably may be after the occurrence of the dispute concerned and in any event not later than 6 months after the occurrence of the dispute.

(6) Proceedings before a rights commissioner under this section shall be conducted otherwise than in public.

(7) A rights commissioner shall furnish a copy of each decision made by him or her under this Part to the Tribunal.

19. —(1) A party concerned may appeal to the Tribunal from a decision or direction of a rights commissioner under section 21 and the Tribunal shall receive any relevant evidence tendered by a party to the dispute.

(2) An appeal under this section shall be initiated by a party to the dispute concerned giving to the Tribunal, as soon as may be and in any event not later than 4 weeks from the date on which the decision was given to the party, a notice in writing to the Tribunal containing such particulars (if any) as may be prescribed and the Tribunal shall give a copy of the notice to the other party concerned as soon as may be after the receipt by it of the notice.

(3) A person whose evidence has been, is being or is to be given before the Tribunal, or who produces or sends a document to the Tribunal, pursuant to a notice under subsection (4) or who is required by such a notice to give evidence or produce a document to the Tribunal or to attend before the Tribunal and there to give evidence or produce a document shall be entitled to the same privileges and immunities as if the person were a witness before the High Court.

(4) The Tribunal may, by giving notice in that behalf in writing, require any person to attend before the Tribunal on a date and at a time and place specified in the notice and there to give evidence and to produce any document in his or her possession or power specified in the notice or to send to the Tribunal any document in his or her possession or power specified in the notice or require a person in attendance before the Tribunal pursuant to a notice under this subsection to produce to the Tribunal any document in his or her possession or power specified in the requirement.

(5) Paragraphs (a) and (e) of subsection (17) of section 39 of the Redundancy Payments Act, 1967 , shall apply for the purposes of this section as it applies for the purposes of the said section 39 with the modification that “£1,500” shall be substituted for “£150” and with any other necessary modifications.

(6) Proceedings for an offence under the said subsection (17), as applied by this section, may be brought and prosecuted by the Minister.

(7) If a person gives false evidence before the Tribunal in proceedings under this section in such circumstances that, if the person had given the evidence before a court, the person would be guilty of perjury, the person shall be guilty of an offence and shall be liable on conviction on indictment thereof to the penalties applying to perjury.

20. —(1) The Tribunal may refer a question of law arising in proceedings before it under this Part to the High Court for determination by it.

(2) A party to proceedings before the Tribunal under this Part may appeal to the High Court from a determination of the Tribunal on a point of law.

21. —(1) On the hearing of a dispute, 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, in the decision or determination, as the case may be, 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) Under subsection (1), the rights commissioner or the Tribunal may order such redress for the party concerned as the rights commissioner or the Tribunal, as the case may be, considers appropriate, having regard to all the circumstances and to the provisions of this Act, and specifies, including either or both of the following:

(a) the grant of parental leave of such length to be taken at such time or times and in such manner as may be so specified,

(b) an award of compensation in favour of the employee concerned to be paid by the employer concerned.

(3) Compensation under subsection (2)(b) shall be of such amount as the rights commissioner or the Tribunal deems just and equitable having regard to all the circumstances but shall not exceed 20 weeks’ remuneration in respect of the employee's employment calculated in such manner as may be prescribed.

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

(5) A rights commissioner or the Tribunal may, if the commissioner or the Tribunal considers it reasonable to do so, having regard to the illness or other incapacity of the employee concerned or any other circumstance direct that parental leave be taken at a time that does not accord with section 6 (3).

(6) Without prejudice to the generality of subsections (1) and (2), where, on a reference under section 18 (2) or an appeal under section 19 (1), a rights commissioner or the Tribunal is satisfied that the taking of parental leave at the time specified in the notice under section 8 (1) concerned would have a substantial adverse effect by reason of any of the matters specified in section 11 (1), the commissioner or the Tribunal, as the case may be, may, if the commissioner or the Tribunal considers it reasonable to do so, direct that the commencement of the leave be postponed for a specified period (whether or not being the period specified in the relevant notice under section 11 (1)).

(7) Without prejudice to the generality of subsections (1) and (2), where, on a reference under section 18 (2) or an appeal under section 19 (1), a rights commissioner or the Tribunal considers that it is reasonable to do so because of a serious and substantial change in any circumstances affecting the employer or the employee, the commissioner or the Tribunal may direct that the period of parental leave concerned be curtailed or that its form be varied or its commencement postponed for a specified period or that parental leave not taken by reason of curtailment as aforesaid be taken at a specified time.

(8) Where appropriate, the confirmation document concerned shall be amended by the parties to it so as to accord with a decision, determination or direction under this section.

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

22. —(1) (a) If a person fails or refuses to comply with a decision of a rights commissioner under this Part (“a decision”), or a determination of the Tribunal under this Act (“a determination”), the Circuit Court shall, on application to it in that behalf by—

(i) the other party concerned, or

(ii) the Minister, if he or she is of opinion that it is appropriate to do so having regard to all the circumstances,

make an order directing that party to carry out the decision or determination in accordance with its terms.

(b) In paragraph (a), the reference to a decision or a determination is a reference to such a decision or determination, as the case may be, in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought or, if such an appeal has been brought, it has been abandoned.

(2) Notwithstanding subsection (1), where, in proceedings under that subsection, the Circuit Court is satisfied that, owing to lapse of time, it would not be possible to comply with an order under that subsection, that Court shall make an order providing for such redress as it considers appropriate having regard to the provisions of this Act and all the circumstances.

(3) In an order under this section providing for the payment of compensation, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Courts Act, 1981 , in respect of the whole or any part of the period beginning 4 weeks after the date on which the decision or determination concerned is communicated to the parties and ending on the date of the order.

(4) Proceedings under this section shall be heard in the county in which the relevant employer ordinarily resides or carries on any profession, business or occupation.