Section 55 — Parental Leave and Employment Protection Act 1987: Interim order

55 Interim order (1) Where any employee alleges that the employee's employer has, within the preceding 2 months and in contravention of section 49(1) of this Act, terminated the employee's employment or given the employee notice terminating the employee's employment, the employee may apply ex parte to the Employment Relations Authority for an interim order reinstating the employee in the employee's position or cancelling the notice terminating the employee's employment. (2) Subject to subsection (3) of this section, every interim order made under subsection (1) of this section shall expire on a date to be specified in the order, being the later of— (a) A date not later than 26 weeks after the date on which the order is made; or (b) A date not later than 26 weeks after— (i) The expected date of delivery; or (ii) In the case of adoption, the date on which, with a view to adoption, the employee first assumes or expects to first assume the care of the child. (3) An interim order made under subsection (1) of this section may be renewed by the Employment Relations Authority from time to time on the ex parte application of the employee in whose favour it was made if the Employment Relations Authority is satisfied that the employee is taking reasonable steps to use the procedures available to the employee under sections 57 to 67 of this Act. (4) An officer of the Employment Relations Authority shall send a copy of the interim order and of every decision renewing the interim order to the employer by registered letter. Section 55 was substituted, as from 15 May 1991, by section 5 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28). Section 55 was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting the words “ Employment Relations Authority ” for the words “ Employment Tribunal ” . Subsection (1) was amended, as from 1 July 2002, by section 14(1) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by omitting the words “ (not being a State employee) ” .