Employment (Contractual Retirement Ages) Act 2025
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PART 3 Workplace Relations | ||
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Decision under section 41 or 44 of Act of 2015 | ||
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6. (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of subsection (3), (4) or (5) of section 5 or section 8 , as the case may be, 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 re instatement or re-engagement; | ||
(c) require the employer to pay to the employee compensation in accordance with subsection (2). | ||
(2) An award of compensation referred to in subsection (1) shall be of such amount as the adjudication officer considers just and equitable having regard to all the circumstances but shall not exceed in any case where the complainant was in receipt of remuneration— | ||
(a) at the date of the reference of the complaint, or | ||
(b) if the reference of the complaint occurs after the date of dismissal or retirement, at the date of dismissal or retirement as the case may be, | ||
an amount equal to the greater of— | ||
(i) 104 times the amount of that remuneration, determined on a weekly basis, or | ||
(ii) €40,000. | ||
(3) A decision of the Labour Court under section 44 of the Act of 2015 on appeal from a decision of an adjudication officer referred to in subsection (1) shall affirm, vary or set aside the decision of the adjudication officer. | ||
(4) In this section, in relation to cases where a person’s employment has ceased, references to an employer include references to a former employer, and references to an employee include references to a former employee. | ||
(5) In this section— | ||
“adjudication officer” has the same meaning as it has in the Act of 2015; | ||
“remuneration” includes allowances in the nature of pay and benefits in lieu of or in addition to pay. |