Automatic Enrolment Retirement Savings System Act 2024 section 129

Decision under Workplace Relations Act 2015

Section 129 provides for the remedies available through the Workplace Relations Commission where an employer has contravened the automatic enrolment requirements under sections 127 and 128.

• Disputes between employees and employers concerning automatic enrolment obligations may be referred to a WRC adjudication officer, who can issue directions and award redress as appropriate.
• Available remedies include directing the employer to enrol the employee, requiring payment of outstanding contributions backdated to the date enrolment should have occurred, and requiring rectification of any contravention within 42 days.
• Compensation of up to 4 weeks' remuneration (including allowances and benefits in lieu of or in addition to pay) may be awarded, calculated in such manner as may be prescribed.
• Decisions may be appealed to the Labour Court, which can affirm, vary, or set aside the original decision; references to employers and employees include former employers and former employees where employment has ceased.