Unfair Dismissals (Calculation of Weekly Remuneration) Regulations, 1977

• Jurisdiction: Ireland
• Citation: IR SI 287/1977
• Year: 1977

S.I. No. 287 of 1977.

UNFAIR DISMISSALS (CALCULATION OF WEEKLY REMUNERATION) REGULATIONS, 1977.

I, GENE FITZGERALD, Minister for Labour, in exercise of the powers conferred on me by section 17 of the Unfair Dismissals Act, 1977 (No. 10 of 1977), hereby make the following Regulations: 1. (1) These Regulations may be cited as the Unfair Dismissals (Calculation of Weekly Remuneration) Regulations, 1977.

(2) These Regulations shall come into operation on the 14th day of September, 1977. 2. In these Regulations—

"the Act" means the Unfair Dismissals Act, 1977 (No. 10 of 1977);

"date of dismissal" has the meaning assigned to it by section 1 of the Act, and "date", in relation to a dismissal, shall be construed accordingly;

"relevant employment", in relation to an employee, means the employment in respect of which the weekly remuneration of the employee is calculated for the purposes of section 7 (1) (c) of the Act;

"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. 3. ( a ) A week's remuneration of an employee in respect of an employment shall be calculated for the purposes of section 7 (1) (c) of the Act in accordance with these Regulations.

( b ) Where, at the date of his dismissal from an employment, an employee had less than 52 weeks' continuous service in the employment, a week's remuneration of the employee in respect of the employment shall be calculated, for the purposes of the said section 7 (1) (c), in the manner that in the opinion of the Tribunal corresponds most closely with that specified in these Regulations. 4. In the case of an employee who is wholly remunerated in respect of the relevant employment at an hourly time rate or by a fixed wage or salary, and in the case of any other employee whose remuneration in respect of the relevant employment does not vary by reference to the amount of work done by him, his weekly remuneration in respect of the relevant employment shall be his earnings in respect of that employment (including any regular bonus or allowance which does not vary having regard to the amount of work done and any payment in kind) in the latest week before the date of the relevant dismissal in which he worked for the number of hours that was normal for the employment...