First Previous (PART III Annual leave)

33 1961

HOLIDAYS (EMPLOYEES) ACT, 1961

PART IV

Miscellaneous

Recovery by workers of moneys due by employers.

18. —(1) If the employer of any worker fails to pay to the worker any moneys which become payable by the employer to the worker under any provision contained in this Act-—

(a) the employer shall be guilty of an offence;

(b) the worker may (whether proceedings have or have not been taken under paragraph (a) of this subsection) recover from the employer such moneys as a simple contract debt in a court of competent jurisdiction.

(2) If and whenever the employer of any worker is convicted of an offence under any section of this Act in relation to the worker, the court by which the employer is convicted may order him to pay to the worker any moneys which were due to him under any of the provisions of this Act by the employer at the time of the conviction.

Offences by bodies corporate.

19. —Where an offence under any section of this Act was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer shall also be deemed to have been guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Prosecution of offences.

20. —(1) An offence under any section of this Act may be prosecuted by the Minister.

(2) An offence under any section of this Act committed by the employer of a worker may be prosecuted by the worker or by any official of a registered trade union of which the worker is a member.

(3) A prosecution for an offence under any section of this Act may be instituted within twelve months after the commission of the offence.

Emergency as defence.

21. —Where a person is charged with an offence under any section of this Act, it shall be a good defence to the charge if he proves to the satisfaction of the court before which the offence is tried that the alleged contravention of the section was rendered necessary or reasonably proper by the actual occurrence or the threat or reasonable anticipation of fire, flood, storm, violence, a breakdown of plant or machinery, or any other emergency.

Penalties for offences.

22. —Every person who is guilty of an offence under any section of this Act shall be liable on summary conviction thereof, in the case of a first offence under that section, to a fine not exceeding twenty-five pounds and, in the case of any subsequent offence under that section, to a fine not exceeding fifty pounds.

Laying of orders and regulations before Houses of the Oireachtas.

23. —Every order and regulation made by the Minister 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 subsequent twenty-one 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 under the order or regulation.

Powers of inspectors.

24. —(1) In this section “inspector” means a person appointed by the Minister to be an inspector for the purposes of this section.

(2) An inspector may for the purposes of enforcing the provisions of this Act do all or any of the following things:

(a) subject to the provisions of this section, enter at all reasonable times any premises or place where he has reasonable grounds for supposing that any worker is employed,

(b) make such examination or enquiry as may be necessary for ascertaining whether the provisions of this Act are complied with in respect of any worker employed in any such premises or place,

(c) require the employer of any worker or the representative of such employer to produce to him any records which such employer is required by a records order to keep and inspect and take copies of entries in such records,

(d) examine with regard to any matters under this Act any person whom he has reasonable cause to believe to be or to have been a worker or the employer of any worker and require such person to answer such questions (other than questions tending to incriminate such person) as the inspector may put touching such matters and to sign a declaration of the truth of the answers to such questions.

(3) The powers conferred on an inspector by paragraph (a) of subsection (1) of this section shall not be exercisable in respect of any private dwelling house unless the Minister or an officer of the Minister appointed by the Minister for the purpose certifiesthat he has reasonable grounds for believing that an offence under this section in relation to any worker employed in the house has been committed by the employer of the worker, and the inspector on applying for admission to the house produces the certificate.

(4) If any person—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on the inspector by this section,

(b) refuses to produce any record which an inspector lawfully requires him to produce,

(c) produces, or causes to be produced or knowingly allows to be produced, to an inspector any record which is false in any material respect knowing it to be false,

(d) prevents, or attempts to prevent, any person from appearing before or being questioned by an inspector, or

(e) wilfully fails or refuses to comply with any lawful requirement of an inspector under paragraph (d) of subsection (1) of this section,

such person shall be guilty of an offence.

(5) Every inspector shall be furnished with a certificate of his appointment and, on applying for admission to any premises or place for the purposes of this Act, shall, if so required, produce the certificate to the occupier and to any person being examined by him.

Records.

25. —(1) The Minister may whenever and so often as he thinks fit by order (in this Act referred to as a records order) require records to be kept by employers of workers or any class of employers of workers of any matter or thing a record of which is in the opinion of the Minister necessary for the enforcement of this Act and, if he so thinks fit, prescribe the form of any such records.

(2) The Minister may under this section make different records orders in respect of different classes of employers of workers.

(3) The Minister may by order under this section amend or revoke any order made under this section or subsection.

(4) The Minister may, if he so thinks fit, by any order made under this section specify the place or places where the records required by the order shall be kept and make such provisions as to the production and inspection of the records as he may think fit.

(5) If whenever a records order is in force any employer fails, neglects or refuses to comply with the requirements of the order, or makes in any record which he is required by the order to keep any entry which is false in any material respect knowing it to be false, the employer shall be guilty of an offence.