Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I move amendment No. 39:

In page 39, between lines 15 and 16, to insert the following:“(2) Upon the hearing of an application under this section in relation to a decision of an adjudication officer requiring an employer to reinstate or re-engage an employee, the District Court may, instead of making an order directing the employer to carry out the decision in accordance with its terms, make an order directing the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”.

It is required to ensure that the District Court, in dealing with an enforcement application in respect of an award of reinstatement or re-engagement under the Unfair Dismissals Act 1977, has the discretion currently available to the Circuit Court in such circumstances to make an order directing an employer who has failed to comply with the award of reinstatement or re-engagement to pay compensation to the employee in question in place of reinstating or re-engaging that employee, as the case may be. Vesting this discretion in the District Court is desirable to allow for the making of an order which may be more practical from the party's perspective at that stage in the proceedings.