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.
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.