Seanad amendment No. 221: Schedule 6: In page 130, to delete lines 26 to 45, to delete page 131 and in page 132, to delete lines 4 to 36 and substitute the following: “30.No. 40 of 2011Property Services (Regulation) Act 2011Schedule 4 is amended—(a) in paragraph 1, by—(i) the substitution of the following subparagraph for subparagraph (1):“(1) In proceedings under Part 4of the Workplace Relations Act 2015in respect of a complaint of a contravention of section 67(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.”,(ii) the substitution of the following subparagraph for subparagraph (3):“(3) A decision of an adjudication officer under section 42of the Workplace Relations Act 2015in relation to a complaint of a contravention of section 67(5) shall do one or more of the following, namely—(a) declare that the complaint was or, as the case may be, was not well founded,(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal, reinstatement or reengagement, or(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of 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.”,(b) by the substitution of the following paragraph for paragraph 2:“2. A decision of the Labour Court under section 45of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.”,and(c) in paragraph 3, by—(i) the substitution, in subparagraph (7), of “Part 4of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Labour Court”,(ii) the substitution, in clause (a) of subparagraph (8), of “an adjudication officer under section 42of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1)”, and(iii) the substitution, in clause (b) of subparagraph (8), of “an adjudication officer under section 42of the Workplace Relations Act 2015” for “a rights commissioner under paragraph 1(1)”.”.

See this item in context