TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994

AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE NO. 91/533/EEC OF 14 OCTOBER, 1991 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON AN EMPLOYER’S OBLIGATION TO INFORM EMPLOYEES OF THE CONDITIONS APPLICABLE TO THE CONTRACT OR EMPLOYMENT RELATIONSHIP, TO AMEND THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973, AND TO PROVIDE FOR RELATED MATTERS. [5th April, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Interpretation.

1.—(1) In this Act—

“the Act of 1973” means the Minimum Notice and Terms of Employment Act, 1973;

F1["Commission" means the Workplace Relations Commission;]

F2["contract of employment" means—

• (a) a contract of service or apprenticeship, or

• (b) any other contract whereby —

• (i) an individual agrees with another person personally to execute any work or service for that person, or

• (ii) an individual agrees with a person carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 to do or perform personally any work or service for another person (whether or not the other person is a party to the contract),

whether the contract is express or implied and, if express, whether oral or written;]

“the Council Directive” means Council Directive No. 91/533/EEC of 14 October, 1991^(1);

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956, shall be deemed to be an employee employed by the State or Government, as the case may be, and an officer or servant of a local authority for the purposes of the [F3Local Government Act 2001 (as amended by the Local Government Reform Act 2014)], a harbour authority, a health board or F4[an education and training board] shall be deemed to be an employee employed by the authority F4[or board], as the case may be;

“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer;

F5["employment regulation order" means an employment regulation order within the meaning of Part IV of the Industrial Relations Act 1946;]

“the Minister” means the Minister for Enterprise and Employment;

F5["registered employment agreement" means a registered employment agreement within the meaning of Part III of the Industrial Relations Act 1946.]

F2["seafarer" has the same meaning as it has in the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, implemented by Council Directive 2009/13/EC of 16 February 2009²;

"sea fisherman" has the same meaning that "fisherman" has in the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) implemented by Council Directive (EU) 2017/159 of 19 December 2016³;]

“the Tribunal” means the Employment Appeals Tribunal.

• (2) A word or expression that is used in this Act and is also used in the Council Directive has, unless the contrary intention appears, the meaning in this Act that it has in the Council Directive.

• F6[(2A) A word or expression that is used in section 2, 3, 3A, 4, 5, 5A or 6D to 6I that is also used in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019⁴ on transparent and predictable working conditions in the European Union has, unless the contrary intention appears, the same meaning in those sections that it has in that Directive.]

• (3) In this Act—

• (a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act,

• (b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

• (c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2. Exclusions.

2.—F8[(1) This Act, other than section 3(1A), shall not apply to employment in which the employee has been in the continuous service of the employer for less than F7[4 consecutive weeks].]

• (2) Where the exclusion of a class or classes of employment from any provision of this Act is justified by objective considerations, the Minister may, after consultation with representatives of employers and of employees within that class or classes of employment, by order declare that that provision shall not apply to that class or those classes of employment and this Act shall have effect in accordance with the provisions of any such order for the time being in force.

• (3) The First Schedule to the Act of 1973 shall apply for the purpose of ascertaining for the purposes of this Act the period of service of an employee and whether that service has been continuous with the following modifications and with any other necessary modifications—

• F7[(a) subject to subsection (3A), the reference to 21 hours shall be construed as a reference to 3 hours,]

• (b) the references to an employee shall be construed as references to an employee within the meaning of this Act.

F7[(3A)For the purposes of paragraph (a) of subsection (3), time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards the period of 3 hours referenced in that paragraph.]

• (4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

• F7[(5) Subsection (1) shall not apply to employment where no guaranteed amount of work that is remunerated is predetermined before the employment starts.]

3. Written statement of terms of employment.

3.—(1) An employer shall, not later than F9[one month] after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say—

• (a) F13[…]

• (b) F13[…]

• (c) F10[…]

• (d) F10[…]

• (e) F10[…]

• (f) F13[…]

• F14[(fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order,]

• F15[(g) F13[…]

• (ga) that the employee may, under section 23 of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee’s average hourly rate of pay for any pay reference period as provided in that section,]

• (h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

• (i) F10[…]

• (j) any terms or conditions relating to paid leave (other than paid sick leave),

• (k) any terms or conditions relating to—

• (i) incapacity for work due to sickness or injury and paid sick leave, and

• (ii) pensions and pension schemes,

• (l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

• (m) a reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they F9[were made,]

• F11[(n) the training entitlement, if any, provided by the employer,

• (o) in the case of a temporary contract of employment, the identity of the user undertakings (within the meaning of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008⁵ on temporary agency work), when and as soon as known, and

• (p) if the work pattern of an employee is entirely or mostly unpredictable, the statement shall inform the employee of —

• (i) the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours,

• (ii) the reference hours and days within which the employee may be required to work, and

• (iii) the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with section 17 of the Organisation of Working Time Act 1997, and

• (q) where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.]

• F16[(1A) Without prejudice to subsection (1), an employer shall, not later than 5 days after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say:

• (a) the full names of the employer and the employee;

• (b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014);

• (c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;

• F9[(d) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000;]]

• (e) the number of hours which the employer reasonably expects the employee to work—

• (i) per normal working day, and

• (ii) per normal working F12[week;]

• F12[(f) where sections 4B to 4E (in so far as they are in operation) of the Payment of Wages Act 1991 apply to the employer, the employer’s policy on the manner in which tips or gratuities and mandatory charges (within the meaning of section 1 of that Act) F9[are treated,]]

• F11[(g) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is employed at various places or is free to determine his or her place of work or to work at various places;

• (h) either—

• (i) the title, grade, nature or category of work for which the employee is employed, or

• (ii) a brief specification or description of the work;

• (i) the date of commencement of the employee’s contract of employment;

• (j) any terms or conditions relating to hours of work (including overtime);

• (k) where a probationary period applies, its duration and conditions.]

• F16[(1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith.]

• F17[(2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee’s employment ends before the end of the period within which the statement is required to be given.]

• (3) The particulars specified in F9[paragraphs (d), (j) and (k) of subsection (1A) or paragraphs (h), (j), (k), (l), (n) and (q) of subsection (1)], may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee’s employment or which are reasonably accessible to the employee in some other way.

• (4) A statement furnished by an employer under F17[subsection (1) or (1A)] shall be signed and dated by or on behalf of the employer.

• (5) A copy of F17[a statement furnished under this section] shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.

• (6)
• (a) The Minister may by order require employers to give or cause to be given to employees within a specified time a statement in writing containing such particulars of the terms of their employment (other than those referred to in F17[subsection (1) or (1A)]) as may be specified in the order and employers shall comply with the provisions of such an order.

• (b) The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph.

• (7) This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.

• F11[(8) Paragraphs (p) and (q) of subsection (1) shall not apply to seafarers or sea fishermen.]

3A. F18[Form of statement to be provided

3A. A statement furnished by an employer under section 3, 4, 5, 6, 6E or 6F shall be —

• (a) signed and dated by or on behalf of the employer,

• (b) in writing, and

• (c) transmitted on paper or, provided that the information is accessible to the employee, that it can be stored and printed, and that the employer retains proof of transmission or receipt, in electronic form.]

4. Employment outside State.

4.—(1) Where, after the commencement of this Act, an employee is required to work outside the State for a period of not less than 1 month, the employer concerned shall give or cause to be given to the employee, prior to the departure of the employee from the State, a statement F21containing the particulars specified in subsections (1) and (1A) of *[section 3]* and there shall be added to the statement the following particulars, that is to say—

• F19[(a) the country or countries in which the work outside the State is to be performed and the anticipated period of employment,]

• (b) the currency in which the employee is to be remunerated in respect of that period,

• (c) any benefits in cash or kind for the employee attendant on the employment outside the State,

• (d) the terms and conditions, where appropriate, governing the employee’s repatriation.

• F20[(1A) Without prejudice to subsection (1), where an employee is a posted worker within the meaning of the European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), there shall be added to the statement specified in subsection (1) the following particulars —

• (a) the remuneration to which the employee is entitled in accordance with the applicable law of the host Member State,

• (b) where applicable, any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging, and

• (c) the link to the single official national website developed by the host Member State pursuant to Article 5(2) of the Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014⁶ on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ("the IMI Regulation").

• (1B) Subsection (1A) shall not apply to seafarers or sea fishermen.]

• (2) The particulars referred to in paragraphs (b) and (c) of subsection (1) F20[or paragraph (a) of subsection (1A)] may be given in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing such particulars.

5. Notification of changes.

5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—

• F22[(a) the day on which the change takes effect, or]

• (b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure.

• (2) Subsection (1) does not apply in relation to a change occurring in provisions of statutes or instruments made under statute F23[, other than a registered employment agreement or employment regulation order,] or of any other laws or of any administrative provisions or collective agreements referred to in the statement given under section 3 or 4.

5A. F24[Contracts of employment existing before the commencement of European Union (Transparent and Predictable Working Conditions) Regulations 2022

5A.(1) Where, before the commencement of the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022), an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement containing the particulars specified in —

• (a) subsections (1) and (1A) of section 3, and

• (b) subsections (1) and (1A) of section 4.

• (2) Notwithstanding that an employee has not made a request under subsection (1), he or she is entitled to the rights specified in sections 6D to 6H.]

6. Existing contracts of employment.

6.—(1) Where, before the commencement of this Act, an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement F25containing the particulars specified in subsections (1) and (1A) of *[section 3] and, if so requested by the employee, there shall be added to the statement the particulars specified in section 4*.

• (2) An employer shall, within 2 months after the employer has been required to do so under subsection (1) furnish to the employee concerned a written statement in accordance with that subsection.

6A. F26[Directions by inspector to employer.

6A.— (1) Where it appears to an inspector that an employer has contravened section 3, 4, 5 or 6 the inspector may, where he or she considers it appropriate, give a direction to the employer to comply with the provision concerned within such period as is specified in the direction.

• F27[(2) In this section "inspector" has the same meaning as it has in the Workplace Relations Act 2015.]]

6B. F28[Offences

6B.— (1) An employer who, without reasonable cause, fails to provide an employee with a statement required by section 3(1A), within one month of the date of the commencement of that employee’s employment, shall be guilty of an offence.

• (2) An employer who deliberately provides false or misleading information to an employee, or who is reckless as to whether or not false or misleading information is provided, as part of the statement required by section 3(1A), shall be guilty of an offence.

• (3) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.

• (4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission.

• (6) Where a person is convicted of an offence under this section the court shall order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.

• (7) In proceedings for an offence under this section, it shall be a defence for the accused to prove that he or she exercised due diligence and took reasonable precautions to ensure that this Act was complied with by the accused and by any person under the control of the accused.

• (8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.]

6C. F29[Protection against penalisation

6C.— (1) An employer shall not penalise or threaten penalisation of an employee for—

• (a) invoking any right conferred on him or her by this Act,

• (b) having in good faith opposed by lawful means an act that is unlawful under this Act,

• (c) giving evidence in any proceedings under this Act, or

• (d) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.

• (2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

• (3) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that subsection (1) has been contravened, it shall be presumed until the contrary is proved that the employee concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.

• (4) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of that penalisation both under this Act and under those Acts.

• (5) In this section "penalisation" means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—

• (a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,

• (b) demotion or loss of opportunity for promotion,

• (c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

• (d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and

• (e) coercion or intimidation.]

6D. F30[Maximum duration of probationary period

6D.— (1) Subject to this section, where an employee has entered into a contract of employment with an employer which provides for a probationary period, such period shall not exceed 6 months.

• (2) The probationary period of a public servant shall not exceed 12 months.

• (3) The probationary period referred to in subsection (1) may, on an exceptional basis, be longer where such longer period —

• (a) does not exceed 12 months, and

• (b) would be in the interest of the employee.

• (4) Subject to subsections (3) and (5) where, on the commencement date an employee (other than a public servant) is subject to a probationary period which exceeds 6 months and the employee has completed at least 6 months of his or her probationary period, the probationary period shall expire on the earlier of —

• (a) the date on which the probationary period was due to expire, or

• (b) the 1st day of February 2023.

• (5) Where, in accordance with a specified provision, an employee is absent from work during the probationary period, such period shall be extended by the employer for the duration of the employee’s absence.

• (6) In this section —

"commencement date" means the date on which the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022) come into operation;

"public servant" has the same meaning as it has in Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

"specified provision" means:

• (a) section 25(1) of the Maternity Protection Act 1994;

• (b) section 15 (6) of the Adoptive Leave Act 1995;

• (c) section 14 (3) of the Parental Leave Act 1998;

• (d) section 13(5) of the Carer’s Leave Act 2001;

• (e) section 19 (3) of the Paternity Leave and Benefit Act 2016;

• (f) section 18(3) of the Parent’s Leave and Benefit Act 2019;

• (g) section 11 (3) of the Sick Leave Act 2022;

• (h) any other statutory provision providing that probation shall —

• (i) stand suspended during an employee’s absence from work, and

• (ii) be completed by the employee on his or her return from work after such absence.]

6E. F31[Parallel employment

6E.— (1) Subject to subsections (2), (3) and (4), an employer shall not —

• (a) prohibit an employee from taking up employment with another employer, outside the work schedule established with the first named employer, or

• (b) subject an employee to adverse treatment for taking up employment with another employer, outside the work schedule established with the first named employer.

• (2) An employer may restrict an employee from taking up employment with another employer, outside the work schedule established with the first named employer, where such restriction (in this section referred to as an "incompatibility restriction") is proportionate and is based on objective grounds.

• (3) Where an employer imposes an incompatibility restriction on an employee —

• (a) details of the incompatibility restriction (including details of the objective grounds on which the incompatibility restriction is based) shall be included in the contract of employment, or

• (b) the employer shall provide to the employee a statement in writing setting out the incompatibility restriction (including details of the objective grounds on which the incompatibility restriction is based).

• (4) This section shall not apply to seafarers or sea fishermen.

• (5) In this section"objective grounds" includes the following grounds —

• (a) health and safety,

• (b) the protection of business confidentiality,

• (c) the integrity of the public service,

• (d) the avoidance of conflicts of interests,

• (e) safeguarding productive and safe working conditions,

• (f) the protection of safety of patients and people receiving care from the health service,

• (g) the protection of national security,

• (h) the protection of critical national infrastructure,

• (i) the protection of energy security,

• (j) the administration of vital public service functions,

• (k) compliance by the employer and the employee with any applicable statutory or regulatory obligations,

• (l) compliance by the employee with any professional standards for the time being in force, and

• (m) notwithstanding the generality of paragraphs (a) to (l), ‘objective grounds’ for the purposes of a contract of employment entered into by the Health Service Executive or a service provider includes the following grounds:

• (i) the protection of patient health and safety;

• (ii) the State’s objectives of —

• (I) the promotion of public welfare by improving public health,

• (II) the removal of inefficiencies and inequalities in the delivery of healthcare services, and

• (III) assisting in the implementation of a universal healthcare service in which patients are treated on the basis of health needs.

• (6) In this section "service provider" means —

• (a) a person who enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Health Service Executive,

• (b) the Mental Health Commission,

• (c) the Irish Blood Transfusion Service, or

• (d) the National Virus Laboratory at University College Dublin.]

F32[Transition to another form of employment

6F.— (1) Subject to subsection (2), an employee who has been in the continuous service of an employer for not less than 6 months and who has completed his or her probationary period, if any, may request a form of employment with more predictable and secure working conditions where available and receive a reasoned written reply from his or her employer.

• (2) An employee may, once in any 12 month period, request a form of employment in accordance with subsection (1).

• (3) An employer shall provide the reasoned written reply referred to in subsection (1) to an employee within one month of the request by the employee.

• (4) An employer may provide an oral reply where a subsequent similar request is submitted by the same worker where the situation of the worker remains unchanged.

• (5) This section shall not apply to seafarers or sea fishermen.]

6G. F33[Mandatory training

6G.— Where an employer is required by law or by a collective agreement to provide training to an employee to carry out the work for which he or she is employed, such training shall —

• (a) be provided to the employee free of cost,

• (b) count as working time, and

• (c) where possible, take place during working hours.]

6H. F34[Collective Agreements

6H.— (1) Where a relevant agreement provides for the matters referred to in one or more relevant sections, that section or those sections shall not apply in relation to an employee to whom the relevant agreement for the time being has effect.

• (2) In this section —

"relevant agreement" means —

• (a) a collective agreement that for the time being stands approved of by the Labour Court, or

• (b) a registered employment agreement;

"relevant section" means section 6D, 6E, 6F, or 6G.]

6I. F35[Disapplication of certain provisions

6I.— (1) Sections 6D to 6H shall not apply to—

• (a) a member of the judiciary within the meaning of section 196 of the Taxes Consolidation Act 1997,

• (b) a retained fire fighter,

• (c) a person who is in the service of the State as a member of the Permanent Defence Force, or

• (d) a member of the Garda Síochána.

• (2) In this section —

"member", in relation to the Garda Síochána, shall have the same meaning as it has in section 3 of the Garda Síochána Act 2005;

"retained fire fighter" means a person commonly referred to as a retained fire fighter and employed by a fire authority (within the meaning of section 2(1) of the Fire Services Act 1981) on a part-time basis and on the basis of payment by the authority to him or her of a retaining fee as well as fees for performing, as required by the authority, any functions of a fire fighter.]

7. F37[Complaint to adjudication officer under section 41 of Workplace Relations Act 2015

7.—(1) An employee shall not be entitled to present a complaint under section 41 of the Workplace Relations Act 2015 in respect of a contravention of section 3, 4, 5 or 6, if the employer concerned has—

• (a) complied with a direction under section 6A given in relation to the contravention F38before, on or after the commencement of section 8 of the [Workplace Relations Act 2015], or

• (b) been given a direction under that section in relation to the contravention and the period specified in the direction within which he or she is required to comply with the direction has not yet expired.

• F39[(1A) An employee shall not be entitled to present a complaint under Part 4 of the Workplace Relations Act 2015 in respect of a contravention of section 3(1A)—

• (a) unless the employee has been in the continuous service of the employer for more than 1 month, or

• (b) if the employer concerned has been prosecuted for an offence under this Act in relation to the same contravention.]

• (2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of F36[section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, ] 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) either—

• (i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under F36[section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, ], or

• (ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer,

• (c) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer,

• (d) F39[in relation to a complaint of a contravention under change F36[section 3, 4, 5, 6, 6D, 6E, 6F, or 6G, ] and without prejudice to any order made under paragraph (e)] order 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, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

• F39[(e) in relation to a complaint of a contravention under section 6C, and without prejudice to any order made under paragraph (d), order 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, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

8. F41[Decision of Labour Court on appeal from decision referred to in section 7]

F41[8.—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 section 7, shall affirm, vary or set aside the decision of the adjudication officer.]

9. Enforcement of determinations of Tribunal.

9.—F42[…]

10. Evidence of failure to attend before or give evidence or produce documents to Tribunal.

10.—F43[…]

11. Laying of orders and regulations before Houses of Oireachtas.

11.—Every order or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

12. Expenses of Minister.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

13. Repeals.

13.—Sections 9 and 10 of the Act of 1973 are hereby repealed.

14. Short title and commencement.

14.—(1) This Act may be cited as the Terms of Employment (Information) Act, 1994.

• (2) This Act shall come into operation on such day as the Minister may appoint by order.

Footnotes