Maternity Protection (Maximum Compensation) Regulations, 1999
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Maternity Protection (Maximum Compensation) Regulations, 1999, and shall come into operation on the 18th day of May, 1999.
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paragraphs: (1) In these Regulations—
“the Act” means the Maternity Protection Act, 1994 (No. 34 of 1994);
“relevant date” means the date on which a notice referring a dispute to a rights commissioner is given under section 31(1) of the Act;
“dispute” means a dispute to which Part V of the Act applies;
“relevant employment”, in relation to an employee, means the employment in respect of which the 20 weeks' remuneration referred to in section 32(3) of the Act falls to be calculated;
“week”, in relation to an employee whose remuneration is calculated by reference to a week ending on a day other than a Saturday, means a week ending on that other day and, in relation to any other employee, means a week ending on a Saturday, and “weekly” shall be construed accordingly.
(2) In these Regulations—
(a) a reference to a Regulation is a reference to a Regulation of these Regulations so numbered, and
(b) a reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs.
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paragraphs: Where, by a decision of a rights commissioner or a determination of the Employment Appeals Tribunal in relation to a dispute, redress proposed for the employee concerned is or includes an award of compensation under subsection (2)(b) of section 32 of the Act, the 20 weeks' remuneration referred to in subsection (3) of that section shall be calculated in accordance with these Regulations.
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paragraphs: (1) In the case of an employee who, before the relevant date, was remunerated in respect of the relevant employment wholly at an hourly rate, fixed wage or salary (with or without a regular bonus or allowance which does not vary by reference to the amount of work done), a week's remuneration for the purposes of section 32(3) of the Act shall be—
(a) the earnings in respect of that employment in the latest week before the relevant date in which the employee worked the number of hours per week that on that date was normal for that employment, plus
(b) if the employee was normally required to work overtime in the relevant employment, the average weekly overtime earnings in the relevant employment, as determined in accordance with paragraph (2).
(2) For the purposes of paragraph (1)(b), the average weekly overtime earnings of an employee in the relevant employment shall be—
(a) in case the employee was employed for the whole of the period of 26 weeks ending 13 weeks before the relevant date, her overtime earnings during that period divided by 26, or
(b) in any other case, her overtime earnings during the number of complete weeks worked before the relevant date divided by that number.
(3) If, in respect of the employment referred to in paragraph (1)(a), the employee's earnings would, apart from this paragraph, include a regular bonus or similar payment which, in whole or in part, does not relate to work done in that week, only so much (if any) of the payment which relates to that week shall be taken into account in determining the employee's earnings.
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paragraphs: (1) This Regulation applies to an employee whose remuneration in respect of the relevant employment before the relevant date—
(a) was wholly or partly at piece rates,
(b) included commission directly related to the work done,
(c) otherwise varied in relation to the amount of work done by the employee, or
(d) varied on account of payments appropriate to attendance on a shift cycle, on particular days of the week or at particular times of the day.
(2) In relation to an employee to whom this Regulation applies, a week's remuneration for the purposes of section 32(3) of the Act shall be—
(a) in case the employee was employed in the relevant employment for the whole of the period of 26 weeks ending 13 weeks before the relevant date, her earnings for the number of hours worked during that period divided by that number, or
(b) in any other case, her earnings during the number of complete weeks worked before the relevant date divided by the number of hours worked during those weeks,
and multiplied in either case by the number of hours per week that on the relevant date was normal for that employment.
(3) The earnings referred to in paragraph (2)(a) shall be adjusted in respect of any variation in rates of pay which took effect during the period of 13 weeks before the relevant date.
(4) Where in any week within the period of 26 weeks, or complete weeks, referred to in paragraph (2) the employee's earnings would, apart from this paragraph, include a regular bonus or similar payment which, in whole or in part, does not relate to work done in that week, only so much (if any) of the payment which does relate to that week shall be taken into account for the purposes of paragraph (2) in determining those earnings.