Page 72 - Workplace Relations Guide to Employment Law

Act Section or Contravention Redress
Regulation
Industrial Relations 42, 43, 44, 45 Contravention of an May require the employer
Act 1946 to 2015 (1946 Act), Employment Regulation Order, to comply with the relevant
Chapter 2 a Sectoral Employment Order Employment Regulation
of 2015 Act, or a Registered Employment Order or make an award of
Chapter 3 of Agreement compensation not exceeding 2
2015 Act years’ remuneration
Minimum Notice 4(2), 5, 6 Failure to give minimum notice; Compensation for any loss
and Terms of failure to grant the employee’s sustained by reason of the
Employment Act rights during a period of contravention (Sections 4(2)
1973 notice; failure to give notice to and 5); such directions as are
employer. considered appropriate.
Protection of 9 and 10 Failure of employer to Requiring the employer to
Employment Act consult with employees comply with Section 9 or 10
1977 representatives where collective and/or pay compensation not
redundancies are proposed; exceeding 4 weeks’ pay
failure of employer to provide
information to employees’
representatives in relation to
proposed redundancies
Unfair Dismissals 3, 4, 5, 6 Unfair dismissal May include re-instatement of the
Acts employee in the position which he
held immediately before his dismissal
on the terms and conditions on
which he was employed immediately
before his dismissal; re-engagement
by the employer of the employee
either in the position which he held
immediately before his dismissal
or in a different position which
would be reasonably suitable for
him on such terms and conditions
as are reasonable having regard
to all the circumstances; if the
employee incurred any financial
loss attributable to the dismissal,
payment to him by the employer of
such compensation (not exceeding
104 weeks remuneration); if the
employee incurred no such financial
loss, payment to the employee by
the employer of such compensation
(if any, but not exceeding 4 weeks
remuneration)

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