Number 23 of 1982
SOCIAL WELFARE (NO. 2) ACT, 1982
ARRANGEMENT OF SECTIONS
Number 23 of 1982
SOCIAL WELFARE (NO. 2) ACT, 1982
AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE ACTS, 1981 AND 1982. [31st July, 1982]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of Part VIII of Social Welfare (Consolidation) Act, 1981.
1. —Part VIII of the Social Welfare (Consolidation) Act, 1981 is hereby amended by the insertion of the following sections after section 301:
“Adjudications by Social Welfare Tribunal.
301A.—(1) Where, in relation to a stoppage of work, or a trade dispute, which was or is in existence on or after the 1st day of June, 1982, a deciding officer and appeals officer have decided that a person is disqualified under section 35 (1) for receiving unemployment benefit or under section 142 (3) for receiving unemployment assistance, that person may, notwithstanding any other provision of this Act, apply to the Social Welfare Tribunal (in this section and in section 301B referred to as ‘the Tribunal’) for an adjudication under this section.
(2) The following provisions shall apply in relation to an adjudication under this section:
(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 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 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 behalf, or without (in either case) the use by the employer or by any body acting on his 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 such stoppage or such trade dispute,
(iv) the question whether the conduct of the applicant or of a trade union acting on his behalf was reasonable;
(b) the Tribunal shall, having heard such evidence as has been adduced before it, and such representations as have been 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 behalf was reasonable and whether the employer or a body acting on his 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 employment and whether (if it decides that he is or was so deprived) he shall, notwithstanding the decision under section 35 (1) or under section 142 (3) of the deciding officer or appeals officer, be qualified to receive unemployment benefit or unemployment assistance and (where appropriate) for what period he shall be so qualified:
Provided that the other conditions for the receipt of such benefit or such assistance are satisfied;
(c) 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:
Provided that a person interested (including the Minister) may apply to the Tribunal for a review of its decision and, if 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, it may review its decision and such a review shall be treated as an adjudication under this section.
Social Welfare Tribunal.
301B.—(1) There shall be a Tribunal, which shall be known as the Social Welfare Tribunal, to hear and decide applications for adjudications under section 301A.
(2) The Tribunal shall consist of a chairman and four ordinary members.
(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.
(4) (a) Two 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 two 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.
(5) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.
(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.
(b) A member of the Tribunal may be removed from office by the Minister.
(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.
(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 so resigned, died or was so removed from office.
(9) A member of the Tribunal shall be paid such remuneration (if any) and allowances as may be determined by the Minister with the consent of the Minister for Finance.
(10) The Minister may, with the consent of the Minister for Finance, appoint such employees of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such employees shall hold office on such terms and receive such remuneration as the Minister for Finance determines.
(11) (a) The Tribunal, on the hearing of an application under section 301A, shall have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.
(b) If a person gives false evidence before the Tribunal in such circumstances that, if he had given the evidence before a court, he would be guilty of perjury, he shall be guilty of that offence.
(c) The Tribunal may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Tribunal under this section or to produce any documents in his 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 such person at the address at which he ordinarily resides.
(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 shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £100.
(12) The Minister may make regulations giving effect to this section and such 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 such awards,
(h) an official seal of the Tribunal.”.
2. —This Act shall come into operation on such day as the Minister appoints by order.
Short title, construction and collective citation.
3. —(1) This Act may be cited as the Social Welfare (No. 2) Act, 1982.
(2) This Act shall be construed as one with the Social Welfare Acts, 1981 and 1982, and shall be included in the collective citation, the Social Welfare Acts, 1981 and 1982.