Date-stamp loading
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2023 - onwards
  Version 4 of 4    

Schedule 2 Redress for Contravention of Section 12(1)

Section 12.

Decision under section 41 of Workplace Relations Act 2015.

1. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 12(1) 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,

(c) subject to paragraph 2A, 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 the circumstances, but not exceeding -

(i) subject to clause (ii), 260 weeks' remuneration in respect of the employee's employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977, or

(ii) in the case of an employee who is a worker referred to in paragraph (h) of the definition of 'worker' in section 3(1), and is not in receipt of remuneration, i

Comparing proposed amendment...