PENALISATION UNDER THE TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994*

PENALISATION UNDER THE TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994*

This issue arose in the case of Thomas Moore and Skyframe Façades Ltd (In Liquidation) ADJ-00031652.

The provisions of Section 6(c)(i) of the Act includes provision of compensation.  The Adjudication Officer pointed out that:

firstly, the complainant will have to prove that they sought to invoke their rights under the Act and secondly, the complainant will have to demonstrate the unfair treatment as envisaged by Section 6(c) and finally, the complainant will have to demonstrate a causal link between the invocation of his rights and the unfair treatment suffered”

The Adjudicator Officer referred to the case of Toni & Guy Blackrock Ltd ELR 21, and the Judgment of the Labour Court. In this case the Adjudicator Officer awarded compensation for not having received a Contract of Employment, of four weeks, along with a further four weeks for the penalisation.

*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.

*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.

Richard Grogan

Author Richard Grogan

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