European Communities (European Aviation Safety Agency) (Amendment) Regulations, 2008

JurisdictionIreland
CitationIR SI 95/2008

S.I. No. 95 of 2008

EUROPEAN COMMUNITIES (EUROPEAN AVIATION SAFETY AGENCY) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th April, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Regulation (EC) No. 216/2008 of 20 February 2008 1 ,hereby make the following regulations:

1. These Regulations may be cited as the European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008.

2. These Regulations come into operation on 8th April 2008.

3. European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469/2003) are amended as follows:

(a) In Regulation 3(1) by substituting the following for the definition of “the EASA Regulation”

“ “the EASA Regulation” means Regulation (EC) No. 216/2008 of the European Parliament and of the Council of 20 February 20081 and shall include any rules or regulations adopted by the European Commission in accordance with the EASA regulation.”;

(b) In Regulation 8(1) by inserting the words “the EASA Regulation,” after the word “include”;

(c) In Regulation 8(2) by deleting the words “in so far as they relate to summary offences,”;

(d) By the insertion of the following Regulations after Regulation 8

“9. (1) This Regulation shall apply without prejudice to the operation of any other law of the State relating to access to information by judicial authorities.

(2) Information received by the Authority pursuant to the EASA Regulation shall be treated as confidential and shall not be disclosable under the Freedom of Information Acts 1997 to 2003.

(3) The source of any information made available to the Authority in the application of the EASA Regulation shall not be disclosed.

10. (1) An employer shall not subject an employee of the employer to any prejudice because the employee has provided information in application of the EASA Regulation.

(2) Paragraph (1) shall not apply in cases of gross negligence.

(3) The Schedule to these Regulations has effect in relation to an alleged contravention of paragraph (1).

(4) If the prejudice to which an employee is subject, in contravention of paragraph (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2007, relief may not be granted to the employee in respect of that prejudice both under the Schedule and under those Acts.”

(e) By the addition of the following as a Schedule to the Regulations;

“SCHEDULE REDRESS FOR CONTRAVENTION OF REGULATION 10

Complaints to rights commissioner

1. (1) An employee may present a complaint to a rights commissioner that his or her employer has contravened Regulation 10(1) in relation to the employee.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation to it, and

(c) communicate the decision to the parties.

(3) A decision of a rights commissioner under subparagraph (2) shall do one or more of the following:

(a) declare that the complaint was or, as the case may be, was not well founded;

(b) require the employer to take a specified course of action;

(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration in respect of the employee’s employment;

and the references in the foregoing clauses to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(4) A rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months...

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