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Q. What are the remedies under the Act?

The Act provides that agency workers, or a trade union representative on their behalf, can make complaints in relation to any alleged contravention of their rights under the Act to the Rights Commissioner Service within 6 months of the date of the alleged breach (or 12 months if the worker can show reasonable cause for the delay).  The Rights Commissioner can make a decision which shall do one or more of the following:

  • declare that the complaint was well founded
  • require the employer to take a specified course of action including re-instatement or re-engagement of the employee, or
  • require the employer to pay to the employee such amount of compensation as is just and equitable having regard to all the circumstances up to a maximum of two years remuneration.
 
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Irish Nurses & Midwives Organisation (Cumann Altrai agus Ban Cabhrach na hEireann). The Whitworth Building, North Brunswick Street, Dublin 7. T:+353 1 664 0600 E:inmo@inmo.ie