S.I. No. 444/1998 - Organisation of Working Time (Code of Practice on Sunday Working in The Retail Trade and Related Matters) (Declaration) Order, 1998.

1. An employee may bring a complaint to the Labour Court where an employer has not implemented a decision of the Rights Commissioner under the Act or has not appealed a decision within the requisite time. The Labour Court shall make a determination to the like effect as the original decision without hearing the employer concerned. The complaint must be brought by the employee not later than six weeks after the time limit for making an appeal has expired. Complaints of the non-implementation of Rights Commissioners' decisions under the Act should be submitted to the Labour Court. The Labour Court shall publish particulars of its determinations in such manner as it thinks fit.

2. The Minister, at the request of the Labour Court, may refer a question of law arising in proceedings before it, concerning appeals from the enforcement of decisions of a Rights Commissioner, for determination by the High Court. The determination of the High Court shall be final and conclusive.

3. A party to proceedings may appeal to the High Court from a determination of the Labour Court on a point of law. The determination of the High Court shall be final and conclusive.

4. Where a determination of the Labour Court has not been implemented, within six weeks from the date on which the determination is communicated to the parties, the Circuit Court, on application to it, by an employee, trade union or the Minister, shall, without hearing the employer or any evidence, make an order directing the employer to carry out the determination in accordance with its terms.

5. The Circuit Court, if it deems it appropriate to do so, may direct the employer to pay interest on the compensation in respect of any period commencing 6 weeks following the communication of the Labour Court's determination to the parties and ending on the date of the order.

6. The application to the Circuit Court will be in the Circuit where the employer usually resides or carries out the business.

GIVEN under my hand this 19th day of November, 1998.

Tom Kitt, T.D.

Minister for Labour, Trade and Consumer Affairs

EXPLANATORY NOTE

This Order declares the code of practice set out in the Schedule to the Order to be a code of practice on Sunday working in the retail trade for the purposes of

section 14

of the

Organisation of Working Time Act, 1997

(No. 20 of 1997).

S.I. No. 444 of 1998.

ORGANISATION OF WORKING TIME (CODE OF PRACTICE ON SUNDAY WORKING IN THE RETAIL TRADE AND RELATED MATTERS) (DECLARATION) ORDER, 1998.

WHEREAS the Labour Relations Commission, by virtue of

section 35

(2) of the

Organisation of Working Time Act, 1997

(No. 20 of 1997), may, and at the request of the Minister for Labour, Trade and Consumer Affairs (being the Minister of State to whom functions in this matter have been delegated by the Order hereafter recited), shall, prepare a code of practice for the purposes of one or more sections of that Act (other than section 6(2)) or, in the case of a request by the Minister for Labour, Trade and Consumer Affairs, a section of that Act (other than section 6(2)) specified in the request,

AND WHEREAS the Minister for Labour, Trade and Consumer Affairs has, pursuant to the said section 35(2), requested the Labour Relations Commission to prepare a code of practice for the purposes of section 14 of the said Act,

AND WHEREAS the Labour Relations Commission, in compliance with that request and with section 35(4) of the said Act, has prepared a code of practice for the purposes of section 14 of the said Act and submitted a copy of it to the Minister for Labour, Trade and Consumer Affairs,

NOW, I Tom Kitt, Minister for Labour, Trade and Consumer Affairs, in exercise of the powers conferred on me by section 35(5)(a) of the

Organisation of Working Time Act, 1997

(No. 20 of 1997), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 305 of 1997

), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 (

S.I. No. 330 of 1997

), hereby order as follows

1 Citation

1.

This Order may be cited as the Organisation of Working Time (Code of Practice on Sunday Working in the Retail Trade and Related Matters) (Declaration) Order, 1998.

2 Code of Practice

2.

The code of practice set out in the Schedule to this Order is hereby declared to be a code of practice for the purposes of

section 14

of the

Organisation of Working Time Act, 1997

(No. 20 of 1997), and so much of Part IV of that Act as relates to that section.

SCHEDULE

ORGANISATION OF WORKING TIME ACT, 1997

CODE OF PRACTICE ON SUNDAY WORKING IN THE RETAIL TRADE

NOTE:—

This Code of Practice is not a legal interpretation of the Act

CONTENTS

PAGE NO.

1.

Introduction

3

2.

Supplemental Provisions of

Section 14

of the

Organisation of Working Time Act, 1997

—Sunday Work

4

3.

General Principles of Compensatory Arrangements for Sunday Working in the Retail Trade

5-7

4.

Complaints Procedure

8-9

5.

Appeals

10

6.

Enforcement of Decisions of the Rights Commissioner/Determinations of the Labour Court

11-12