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Version status: In force | Document consolidation status: No known changes
Version date: 1 October 2015 - onwards
Version 2 of 2

15. Amendment of Protection of Employees (Employers' Insolvency) Act 1984

(1) The Protection of Employees (Employers’ Insolvency) Act 1984 is amended by the insertion of the following section:

"9A. Appeal to Labour Court from declaration of adjudication officer under section 9

Section 44 of the Act of 2015 shall apply to a declaration of an adjudication officer given in relation to a complaint under section 9 as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to the following modifications:

(a) the substitution of the following subsection for subsection (1):

'(1) A party to proceedings in relation to a complaint under section 9 of the Act of 1984 may appeal a declaration of an adjudication officer given in those proceedings to the Labour Court and, where the party does so, the Labour Court shall -

(a) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,

(b) make a decision in relation to the appeal affirming, varying or setting aside the declaration of the adjudication officer to which the appeal relates, and

(c) give the parties to the appeal a copy of that decision in writing.’;

and

(b) any other necessary modifications.".

(2) This section shall come into operation on the commencement of section 81 of the Act of 2015.