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26 2005

Social Welfare Consolidation Act 2005

Chapter 5

Social Welfare Tribunal

Application for adjudication by Social Welfare Tribunal.

[1993 s274; 1996 s33]

331. —Where, in relation to a stoppage of work or a trade dispute, a deciding officer or an appeals officer has decided that a person is disqualified under section 68 (1) for receipt of unemployment benefit or under section 147 (2) for receipt of unemployment assistance, that person may, notwithstanding any other provision of this Act, apply to the Social Welfare Tribunal (in this Chapter referred to as “the Tribunal”) for an adjudication under this Chapter.

Adjudications by Social Welfare Tribunal.

[1993 s275]

332. —(1) The following provisions apply in relation to an adjudication under this Chapter:

(a) the Tribunal shall, before making the adjudication, take into account all the circumstances of the stoppage of work concerned and of the trade dispute which caused the stoppage of work, including (without prejudice to the generality of the foregoing)—

(i) the question whether the applicant is or was available for work and willing to work, but is or was deprived of his or her employment through some act or omission on the part of the employer concerned which amounted to unfair or unjust treatment of the applicant,

(ii) the question whether the applicant is or was prevented by the employer from attending for work at his or her place of employment or was temporarily laid off by the employer, without (in either such case) any reasonable or adequate consultation by the employer with the applicant or with a trade union acting on his or her behalf, or without (in either case) the use by the employer or by any body acting on his or her behalf of the services normally availed of by employers in the interests of good industrial relations,

(iii) the question whether any action or decision by the employer, amounting to a worsening of the terms or conditions of employment of the applicant and taken without any or any adequate consultation with, or any or any adequate notice to, the applicant, was a cause of the stoppage of work or of the trade dispute which caused the stoppage of work and was material grounds for the stoppage or the trade dispute,

(iv) the question whether the conduct of the applicant or of a trade union acting on his or her behalf was reasonable;

(b) the Tribunal shall, having heard the evidence adduced before it, and the representations made to it, by the applicant and the employer and having considered whether the conduct of the applicant or of a trade union acting on his or her behalf was reasonable and whether the employer or a body acting on his or her behalf was willing to avail of the services normally availed of in the interests of good industrial relations, decide whether the applicant is or was unreasonably deprived of his or her employment and whether (if it decides that he or she is or was so deprived) the applicant shall, notwithstanding the decision under section 68 (1) or under section 147 (2) of the deciding officer or appeals officer, subject to the other conditions for the receipt of such benefit or assistance being satisfied, be qualified to receive unemployment benefit or unemployment assistance and (where appropriate) the period during which he or she shall be so qualified;

(c) subject to subsection (2), a decision of the Tribunal on an application for an adjudication shall be final and conclusive, but an appeal shall lie to the High Court on a question of law.

[1993 s275]

(2) A person interested (including the Minister) may apply to the Tribunal for a review of its decision and, where the Tribunal is satisfied that a material change has occurred in the circumstances of the stoppage of work or of the trade dispute which caused the stoppage of work, or that there is new evidence or new facts which in the opinion of the Tribunal could have affected its decision, it may review its decision and such a review shall be treated as an adjudication under this section.

Social Welfare Tribunal.

[1993 s276(1)]

333. —(1) There shall be a Tribunal, which shall be known as the Social Welfare Tribunal, to hear and decide applications for adjudications under this Chapter.

[1993 s276(2)]

(2) The Tribunal shall consist of a chairman and 4 ordinary members.

[1993 s276(3)]

(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

[1993 s276(4)]

(4) (a) 2 ordinary members of the Tribunal shall be persons representative of workers and nominated for appointment as such members by the body known as the Irish Congress of Trade Unions.

(b) The 2 other ordinary members of the Tribunal shall be persons representative of employers and nominated for appointment as such members by an organisation representative of employers.

[1993 s276(5)]

(5) The term of office of a member of the Tribunal shall be the period specified by the Minister when appointing the member.

[1993 s276(6)]

(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his or her membership.

(b) A member of the Tribunal may be removed from office by the Minister.

[1993 s276(7)]

(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

[1993 s276(8)]

(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who resigned, died or was removed from office.

[1993 s276(9)]

(9) A member of the Tribunal shall be paid the remuneration (if any) and allowances that may be determined by the Minister with the consent of the Minister for Finance.

[1993 s276(10)]

(10) The Minister may, with the consent of the Minister for Finance, appoint such employees of the Tribunal as he or she considers necessary to assist the Tribunal in the performance of its functions, and those employees shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

[1993 s276(11)]

(11) (a) The Tribunal, on the hearing of an application under this Chapter, shall have power to take evidence on oath and for that purpose may cause oaths to be administered to persons attending as witnesses at the hearing.

(b) Where a person gives false evidence before the Tribunal in such circumstances that, if the person had given the evidence before a court, he or she would be guilty of perjury, he or she is guilty of that offence.

(c) The Tribunal may, by giving written notice in that behalf to any person, require the person to attend at the time and place specified in the notice to give evidence in relation to any matter referred to the Tribunal under this Chapter or to produce any documents in his or her possession, custody or control which relate to any such matter.

(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides.

[2005 (SW&P) s26 & Sch 4]

(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €150.

[1993 s276(12)]

(12) The Minister may make regulations giving effect to this section and those regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters:

(a) the procedure to be followed regarding the making of applications to the Tribunal;

(b) the times and places of hearings by the Tribunal;

(c) the representation of parties attending hearings by the Tribunal;

(d) the procedure regarding the hearing of applications by the Tribunal;

(e) the publication and notification of decisions of the Tribunal;

(f) notices relating to applications or hearings by the Tribunal;

(g) the award by the Tribunal of costs and expenses and the payment of those awards;

(h) an official seal of the Tribunal.