Part 1 : Preliminary and General

Part 1 of the Act deals with the usual interpretation and commencement of the Act. Section 6 deals with service of documents, it provides that service can be satistified by one of the following means:

  • by delivering it to the person by hand,
  • by leaving it at the usual address of the ordinary residence of the person or an adress that has been given specifically for service
  • by sending it by post prepaid registered letter
  • by electronic means – although if using this method the person must have given notice in writing that they consent to the document being served in this way.

 

Section 7: Offences

The Workplace Relations Commission can bring summary prosecutions under this Act and further if a person is convicted the Commission can recover their costs against that person for the investigation, detection and prosecution of the offence.  However a court can dispense with a costs order if they are satisfied there are are “special and substantial reasons”.

Section 7 provides that other than section 51 offences (failing or refusing to pay compensation) for all other offences under the Act if a person is found guilty they can be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both. [A class A fine is one which is not greater than €5000 under the Fines Act 2010]

If convicted upon indictment the fine will not exceed €50,000 and imprisonment can be up to three years.

In relation to corporate bodies section 7 (2) provides that if the offence is committed by a director, manager or any officer the person as well as the body corporate can be found guilty.

 

Print This Page Print This Page