asked the Minister for Labour the number of prosecutions to date under section 8 (4) of the Anti-Discrimination (Pay) Act, 1974.
Ceisteanna—Questions. Oral Answers. - Anti-Discrimination (Pay) Act.
10.
(Cavan): A prosecution under section 8 (4) of the Anti-Discrimination (Pay) Act, 1974 arises only in the following circumstances: If a party to an equal pay dispute appeals to the Labour Court against a recommendation of an equal pay officer the Labour Court makes a determination.
If the determination is not implemented, the Labour Court makes an order directing the employer to implement the determination. If this order of the Labour Court is not carried out within two months, the person to whom the direction is given is guilty of an offence under section 8 (4) of the Act and liable on conviction to a fine and the plaintiff may recover arrears of remuneration.
In fact, no appeal has been made to the Labour Court against a recommendation of an equal pay officer and prosecution under section 8 (4) for non-compliance with a Labour Court Order did not, therefore, arise.
11.
asked the Minister for Labour the number of occasions to date on which he has referred a matter to an equal pay officer under section 7 (2) of the Anti-Discrimination (Pay) Act, 1974.
(Cavan): No instance has been brought to my attention necessitating referral under the Act.
12.
asked the Minister for Labour the number of equal pay officers appointed by him under the Anti-Discrimination (Pay) Act, 1974; the number of disputes referred to them; the number of recommendations that have been issued by them; and the number of such recommendations that have been the subject of appeal to the Labour Court.
(Cavan): Two equal pay officers have been appointed by me under the Anti-Discrimination (Pay) Act, 1974. To date 46 disputed cases have been referred to them. Recommendations have been issued by them in three cases. Recommendations are being drafted at present in five cases and will be issued shortly. In seven cases the disputes were resolved by the parties themselves in the course of investigation and without a recommendation by the equal pay officer being issued.
Of the remaining 31 cases referred to the equal pay officers 12 are under active investigation at present; in one case the parties have resumed direct negotiations while submissions are awaited from one or both parties to the dispute in 18 cases.
None of the recommendations issued by the equal pay officers has been the subject of appeal to the Labour Court but in one case the employer has notified his intention of appealing.