Sec. 10 UNFAIR DISMISSALS ACT, 1977

Proceedings in Circuit Court for redress under Act.

Proceedings in Circuit Court for redress under Act.

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10.—(1) If an employer fails to carry out in accordance with its terms a determination of the Tribunal in relation to a claim for redress under this Act within 6 weeks from the date on which the determination is communicated to the parties the Minister may, if he thinks it appropriate, having regard to all the circumstances, to do so, institute and carry on proceedings in the Circuit Court in his name on behalf of the employee against the employer for redress under this Act.

(2) Where, in proceedings under this section, the Circuit Court finds that an employee is entitled to redress under this Act, it shall order the employer concerned to make to the employee concerned the appropriate redress.

(3) Any costs—

(a) incurred by the Minister in relation to proceedings under this section, or

(b) incurred by the employer concerned in any such proceedings,

and required by the Circuit Court to be borne by the Minister shall be paid by the Minister, and the employee concerned shall be under no liability in relation to any such costs.

(4) A party concerned may appeal to the Circuit Court from any determination of the Tribunal in relation to a claim for redress under this Act within 6 weeks from the date on which the determination is communicated to the parties.

(5) Proceedings under this section shall be heard in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(6) The reference in subsection (1) of this section to a determination of the Tribunal is a reference to such a determination in relation to which, at the expiration of the time for bringing an appeal against the determination, no such appeal has been brought.

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