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Section 8A of the Unfair Dismissals Act 1977 – Application of provisions of Act of 2015 to claim for redress

Unfair Dismissals Act 1977 (UDA 1977)

Revised Act prepared by the Law Reform Commission, updated to 3 July 2023. Amendments made after that date are not included.

(1)Sections 42 and 43 of the Workplace Relations Act 2015 shall apply to a claim referred to an adjudication officer under section 8 as they apply to a complaint or dispute referred to an adjudication officer under section 41 of that Act, subject to the following modifications:

(a) references to a complaint or dispute shall be construed as references to a claim referred to an adjudication officer under section 8 of this Act;

(b) the reference to section 41 shall be construed as a reference to section 8 of this Act; and

(c) any other necessary modifications.

(2)Section 44 of the Workplace Relations Act 2015 shall apply to a decision of an adjudication officer given in respect of a claim for redress under this Act by an employee 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) A party to a claim for redress under the Act of 1977 may appeal a decision of an adjudication officer given in relation to that claim to the Labour Court and, where the party does so, the Labour Court shall—

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

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

(iii) give the parties to the appeal a copy of that decision in writing.

(b) A decision of the Labour Court under paragraph (a), may include an award of redress under section 7 of the Act of 1977.";

and

(b) any other necessary modifications.

Official source: revisedacts.lawreform.ie · Version: · Full text · Contents

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