EMPLOYMENT PERMITS ACT 2024

SCHEDULE 1 Enactments Offences Under Which Fall within Sections 33(1)(c) and 40(1)(b)

SCHEDULE 1

Enactments Offences Under Which Fall within Sections 33(1)(c) and 40(1)(b)

Sections 33(1)(c) and 40(1)(b)

Employment Permits Act 2003

Employment Permits Act 2006

Immigration Act 2004

Employment Agency Act 1971

Carer’s Leave Act 2001

Minimum Notice and Terms of Employment Act 1973

National Minimum Wage Act 2000

Organisation of Working Time Act 1997

Payment of Wages Act 1991

Protection of Employees (Fixed-Term Work) Act 2003

Protection of Employees (Part-Time Work) Act 2001

Protection of Employment Act 1977

Protection of Young Persons (Employment) Act 1996

Safety, Health and Welfare at Work Act 2005

Unfair Dismissals Act 1977

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

Terms of Employment (Information) Act 1994

SCHEDULE 2 Redress for Contravention of Section 60(3)

SCHEDULE 2

Redress for Contravention of Section 60(3)

Section 60(5)

1. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 60(3) 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, or

(c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances.

2. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision of an adjudication officer referred to in paragraph 1 shall affirm, vary or set aside the decision of the adjudication officer.

Provisions relating to winding up and bankruptcy

3. (1) There shall be included among the debts which, under section 621 of the Companies Act 2014 are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1 or 2 by the company to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided by rules made under that Act.

(2) There shall be included among the debts which, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1 or 2 by the bankrupt or arranging debtor, as the case may be, to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided under that Act.