Enforcement
Equal Status Act
Definitions.
20.— In this Part, unless the context otherwise requires—
F35 [ ‘ complainant ’ means —
( a ) a person referred to in section 21(1) , or
( b ) where such a person is unable, by reason of an intellectual or psychological disability, to pursue effectively a claim for redress under this Part, his or her parent, guardian or other person acting in place of a parent; ]
F36 [ … ]
F37 [ ‘ Minister ’ means the Minister for Jobs, Enterprise and Innovation; ]
“respondent” means a person who is alleged by a complainant in a case under section 21(1) to have engaged in prohibited conduct.
Annotations:
Amendments:
F35
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 53, commenced on enactment.
F36
Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(d)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F37
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(d)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Redress in respect of prohibited conduct.
21.—(1) A person who claims that prohibited conduct has been directed against him or her may, subject to this section, seek redress by referring the case to the F38 [ Director of the Workplace Relations Commission ].
F39 [ (1A) If the grounds for such a claim as is referred to in subsection (1) arise —
( a ) on the gender ground, or
( b ) in any other circumstances (including circumstances amounting to victimisation) to which the Gender Goods and Services Directive is relevant,
then, subject to subsections (2) to (7) and (8) to (11) , the person making the claim may seek redress by referring the case to the Circuit Court instead of referring the case to the ]Director of the Workplace Relations Commission ] under subsection (1) (and, if the case is referred to the Circuit Court, no further appeal lies, other than an appeal to the High Court on a point of law). ]
(2) Before seeking redress under this section the complainant —
( a ) shall, within 2 months after the prohibited conducted is alleged to have occurred, or, where more than one incident of prohibited conduct is alleged to have occurred, within 2 months after the last such occurrence, notify the respondent in writing of —
(i) the nature of the allegation,
(ii) the complainant ’ s intention, if not satisfied with the respondent ’ s response to the allegation, F40 [ to seek redress under this Act ] ,
and
( b ) may in that notification, with a view to assisting the complainant in deciding whether to refer the case to the ] Director of the Workplace Relations Commission ] F39 [ or, as the case may be, the Circuit Court ] , question the respondent in writing so as to obtain material information and the respondent may, if the respondent so wishes, reply to any such questions.
F41 [ (2A) For the purposes of subsection (2) the date of notification is the date on which the notification is sent, unless it is shown that the notification was not received by the respondent. ]
F40 [ (3) ( a ) On application by a complainant the F38 [ Director of the Workplace Relations Commission ] F39 [ or, as the case may be, the Circuit Court ] may —
(i) for reasonable cause, direct that in relation to the complainant subsection (2) shall have effect as if for the reference to 2 months there were substituted a reference to such period not exceeding 4 months as is specified in the direction, or
(ii) exceptionally, where satisfied that it is fair and reasonable in the particular circumstance of the case to do so direct that subsection (2) shall not apply in relation to the complainant to the extent specified in the direction,
and, where such a direction is given, this Part shall have effect accordingly.
( b ) In deciding whether to give a direction under paragraph (a)(ii) the F38 [ Director of the Workplace Relations Commission ] F39 [ or, as the case may be, the Circuit Court ] shall have regard to all the relevant circumstances, including —
(i) the extent to which the respondent is, or is likely to be, aware of the circumstances in which the prohibited conduct occurred, and
(ii) the extent of any risk of prejudice to the respondent ’ s ability to deal adequately with the complaint. ]
(4) The F38 [ Director of the Workplace Relations Commission ] F42 [ or, as the case may be, the Circuit Court shall not investigate a case unless the F38 [ Director of the Workplace Relations Commission ] or the Circuit Court, as the case may be, ] is satisfied either that the respondent has replied to the notification or that at least one month has elapsed after it was sent to the respondent.
(5) The Minister may by regulations prescribe the form to be used by a complainant and respondent for the purposes of subsection (2) .
F40 [ (6) ( a ) Subject to subsections (3)(a)(ii) and (7) , a claim for redress in respect of prohibited conduct may not be referred under this section after the end of the period of 6 months from the date of the occurrence of the prohibited conduct to which the case relates or, as the case may be, the date of its most recent occurrence.
( b ) On application by a complainant the F38 [ Director of the Workplace Relations Commission ] F39 [ or, as the case may be, the Circuit Court ] may, for reasonable cause, direct that in relation to the complainant paragraph (a) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction; and, where such a direction is given, this Part shall have effect accordingly.
(7) Where a delay by a complainant in referring a case under this Act is due to any misrepresentation by the respondent, subsection (6)(a) shall apply as if the references to the date of occurrence of prohibited conduct were references to the date on which the misrepresentation came to the complainant ’ s notice. ]
F41 [ (7A) F43 [ ( a ) Not later than 42 days from the date of a decision of the F38 [ Director of the Workplace Relations Commission ] on an application by a complainant for an extension of time under subsection (3) or (6) , the complainant or respondent may appeal against the decision to the Circuit Court on notice to the F38 [ Director of the Workplace Relations Commission ] specifying the grounds of the appeal. ]
( b ) On the appeal the Court may affirm, quash or vary the decision.
( c ) No further appeal lies, other than an appeal to the High Court on a point of law.
( d ) Unless otherwise agreed by the complainant and respondent, effect shall not be given to a decision of the F38 [ Director of the Workplace Relations Commission ] on such an application until —
(i) the period of 42 days mentioned in paragraph ( a ) has expired, or
(ii) any appeal against it has been determined,
whichever first occurs. ]
(8) Information is material information for the purposes of this section if it is —
( a ) information as to the respondent ’ s reasons for doing or omitting to do any relevant act and as to any practices or procedures material to any such act,
( b ) information, other than confidential information, about the treatment of other persons who stand in relation to the respondent in the same or a similar position as the complainant, or
( c ) other information which is not confidential information and which, in the circumstances of the case in question, it is reasonable for the complainant to require.
(9) In subsection (8) “ confidential information ” means any information which relates to a particular individual, which can be identified as so relating and to the disclosure of which that individual does not agree.
(10) This section is without prejudice to the other provisions of this Act relating to the obtaining of information.
F41 [ (11) For the purposes of this section prohibited conduct occurs —
( a ) if the act constituting it extends over a period, at the end of the period,
( b ) if it arises by virtue of a provision which operates over a period, throughout the period. ]
Annotations:
Amendments:
F38
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F39
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(c)(i), (ii) and (iv), S.I. No. 274 of 2008.
F40
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 54(a), (c) and (d), commenced on enactment.
F41
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 54(b), (e) and (f), commenced on enactment.
F42
Substituted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(c)(iii), S.I. No. 274 of 2008.
F43
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 27, commenced on enactment.
F44 [
Date of claim for redress, etc.
21A. — ( a ) A claim for redress under section 21 ,
( b ) an appeal to the Circuit Court under section 28 , or
( c ) an application to that Court under section 31 ,
is deemed to have been made on the date on which the claim, notice of appeal or application is received, and those sections shall be construed accordingly. ]
Annotations:
Amendments:
F44
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 55, commenced on enactment.
F45 [
Dismissal of claims.
22. — (1) The F46 [ Director of the Workplace Relations Commission ] may dismiss a claim at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter.
(2) Not later than 42 days after the F46 [ Director of the Workplace Relations Commission ] dismisses a claim under this section, the complainant may appeal against the decision to the Circuit Court on notice to the F46 [ Director of the Workplace Relations Commission ] specifying the grounds of the appeal.
(3) On appeal the Court may affirm or quash the decision.
(4) No further appeal lies, other than an appeal to the High Court on a point of law. ]
Annotations:
Amendments:
F45
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 56, commenced on enactment.
F46
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
References of certain matters to Director of the Workplace Relations Commission .
23. — (1) Where it appears to the Authority that —
( a ) prohibited conduct —
(i) is being generally directed against persons, or
(ii) has been directed against a person who has not made a claim under section 21 (1) in respect of the prohibited conduct and it is not reasonable to expect that the person will do so,
or
( b ) a person has contravened or is contravening section 12 (1) or 19 or regulations made under section 17 or 18 ,
the matter may be referred by the Authority to the F47 [ Director of the Workplace Relations Commission ] .
(2) Where a matter is referred to the F47 [ Director of the Workplace Relations Commission ] under subsection (1) it shall be dealt with in the same manner and to the same extent as if —
( a ) it were a claim referred to the F47 [ Director of the Workplace Relations Commission ] under section 21 (1) ,
( b ) the Authority were the complainant and the person alleged to have engaged in the prohibited conduct or to have committed the contravention referred to in subsection (1)(b) , as the case may be, were the respondent, and
( c ) where the matter involved a contravention referred to in subsection (1)(b) , the contravention were prohibited conduct.
(3) Where, on application to the High Court or the Circuit Court, the Authority satisfies the Court that the F47 [ Director of the Workplace Relations Commission ] , pursuant to section 25 (4) , has decided that a person has —
( a ) engaged in prohibited conduct, or
( b ) contravened section 12 (1) or 19 or regulations made under section 17 or 18 ,
and that there is a likelihood of a further occurrence of the prohibited conduct or a further contravention by the person, the Court may grant an injunction or such other relief as the Court deems necessary to prevent the further occurrence or contravention.
F48 [ (4) The relationship between a solicitor employed by the Authority or any barrister retained by him or her and a person referred to in subsection (1)(a) shall be the same as the relationship between a solicitor or barrister and a client who is not such a person.
(5) Subsection (4) is without prejudice to the rights and responsibilities of the Authority and the obligations arising out of the relationship between the Authority and the solicitors employed by it.
(6) For the avoidance of doubt, it is declared that sections 59 (prohibition of solicitor acting as agent for unqualified person) and 64 (bodies corporate) of the Solicitors Act 1954 do not apply in regard to the relationship between a solicitor employed by the Authority and a person referred to in the said subsection (1)(a) . ]
Annotations:
Amendments:
F47
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F48
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 57, commenced on enactment.
Mediation.
24. — (1) Subject to subsection (2) , if at any time after a case has been referred to the F49 [ Director of the Workplace Relations Commission ] under section 21 it appears to the F49 [ Director of the Workplace Relations Commission ] that the case is one which could be resolved by mediation, the F49 [ Director of the Workplace Relations Commission ] shall refer the case for mediation to an F50 [ mediation officer ] .
(2) If the complainant or the respondent objects to a case being dealt with by way of mediation, the F49 [ Director of the Workplace Relations Commission ] shall not exercise his or her powers under this section but shall deal with the case under section 25 .
(3) Mediation shall be conducted in private.
(4) Where a case referred under section 21 is resolved by mediation —
( a ) the F50 [ mediation officer ] concerned shall prepare a written record of the terms of the settlement,
( b ) the written record of the terms of the settlement shall be signed by the complainant and the respondent,
( c ) the F50 [ mediation officer ] shall send a copy of the written record, as so signed, to the complainant and the respondent, and
( d ) a copy of the written record shall be retained by the F49 [ Director of the Workplace Relations Commission ] .
(5) If, after a case has been referred to an F50 [ mediation officer ] , it appears to the F50 [ mediation officer ] that the case cannot be resolved by mediation, the officer shall issue a notice to that effect to the complainant and the respondent.
(6) Where —
( a ) a notice has been issued under subsection (5) with respect to a F51 [ case, and ]
( b ) within F52 [ 42 days ] from the issue of that notice the complainant makes an application F53 [ in writing ] to the F49 [ Director of the Workplace Relations Commission ] for the resumption of the hearing of the F51 [ case, ]
( c ) F54 [ … ]
the F49 [ Director of the Workplace Relations Commission ] shall deal with the case in accordance with section 25 .
Annotations:
Amendments:
F49
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F50
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(e)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F51
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 58(a) and (b), commenced on enactment.
F52
Substituted (20.12.2012) by Equal Status (Amendment) Act 2012 (41/2012), s. 4, commenced on enactment.
F53
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 58(b), commenced on enactment.
F54
Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 58(c), commenced on enactment.
Investigation by Director of the Workplace Relations Commission .
25. — F56 [ (1) Where a case which has been referred to the F55 [ Director of the Workplace Relations Commission ] under section 21 —
( a ) does not fall to be dealt with by way of mediation under section 24 , or
( b ) falls to be dealt with under this section by virtue of section 24(6) ,
the F55 [ Director of the Workplace Relations Commission ] shall investigate the case and may, as part of that investigation and if the F55 [ Director of the Workplace Relations Commission ] considers it appropriate, hear persons appearing to the F55 [ Director of the Workplace Relations Commission ] to be interested. ]
F57 [ (1A) ( a ) Claims to have been discriminated against on more than one of the discriminatory grounds (other than the victimisation ground) shall be investigated as a single case, and
( b ) claims to have been discriminated against on discriminatory grounds which include the victimisation ground may, in an appropriate case, be so investigated,
but a decision shall be made on each of the claims. ]
(2) An investigation under this section shall be held in private.
F58 [ (2A) ( a ) Where the F55 [ Director of the Workplace Relations Commission ] considers that the case may be dealt with on the basis of written submissions only, the F55 [ Director of the Workplace Relations Commission ] shall notify the parties in writing of his or her proposal to do so.
( b ) A notification under paragraph (a) shall inform the parties of the right to make representations to the F55 [ Director of the Workplace Relations Commission ] in accordance with paragraph ( c ).
( c ) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the F55 [ Director of the Workplace Relations Commission ] as to why the case should not be dealt with on the basis of written submissions only.
( d ) Where, in representations made pursuant to paragraph (c) , objection is made to the F55 [ Director of the Workplace Relations Commission ] dealing with the matter on the basis of written submissions only, the F55 [ Director of the Workplace Relations Commission ] shall not determine the matter in that manner. ]
(3) The Minister may by regulations specify —
( a ) procedures to be followed by the F55 [ Director of the Workplace Relations Commission ] in carrying out investigations (or any description of investigation) under this section, and
( b ) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances,
but before making any such regulations the Minister shall consult the F55 [ Director of the Workplace Relations Commission ] and the Authority.
(4) At the conclusion of an investigation under this section the F55 [ Director of the Workplace Relations Commission ] shall make a decision on the case, and the decision, if it is in favour of the complainant, shall provide for redress in accordance with section 27 .
Annotations:
Amendments:
F55
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F56
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 28(a), commenced on enactment.
F57
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 59, commenced on enactment.
F58
Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 28(b), commenced on enactment.
F59 [
Representation in proceedings
under section 24 or 25.
25A. — A party (whether complainant or respondent) to proceedings under section 24 or 25 may be represented by any individual or body authorised by the party in that behalf. ]
Annotations:
Amendments:
F59
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 60, commenced on enactment.
Inferences from failure to supply information, etc.
26. — If, in the course of an investigation under section 25 , it appears to the F60 [ Director of the Workplace Relations Commission ] —
( a ) that the respondent did not reply to a notification under section 21 (2)(a) or to any question asked by the complainant under section 21 (2)(b) ,
( b ) that the information supplied by the respondent in response to the notification or any such question was false or misleading, or
( c ) that the information supplied in response to any such question was not such as would assist the complainant in deciding whether to refer the case to the F60 [ Director of the Workplace Relations Commission ] ,
the F60 [ Director of the Workplace Relations Commission ] may draw such inferences, if any, as seem appropriate from the failure to reply or, as the case may be, the supply of information as mentioned in paragraph (b) or (c) .
Annotations:
Amendments:
F60
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Redress which may be ordered.
27. — (1) Subject to this section, the types of redress for which a decision of the F61 [ Director of the Workplace Relations Commission ] under section 25 may provide are either or both of the following as may be appropriate in the circumstances:
( a ) an order for compensation for the effects of F62 [ the prohibited conduct concerned ] ; or
( b ) an order that a person or persons specified in the order take a course of action which is so specified.
(2) The maximum amount which may be ordered by the F61 [ Director of the Workplace Relations Commission ] by way of compensation under subsection (1)(a) shall be the maximum amount that could be awarded by the District Court in civil cases in contract.
F63 [ (3) The maximum amount specified in subsection (2) applies notwithstanding that conduct the subject of the investigation constituted —
( a ) discrimination on more than one of the discriminatory grounds (other than the victimisation ground), or
( b ) both discrimination on one or more than one of those grounds (other than the victimisation ground) and harassment or sexual harassment.
(4) An order for compensation under this section may not be made in favour of the Authority in a case referred by it to the F61 [ Director of the Workplace Relations Commission ] under section 23(1) . ]
F64 [ (5) The types of redress for which the Circuit Court may provide on a reference under section 21(1A) are either or both of the following as may be appropriate in the circumstances of the particular case:
( a ) an order for compensation for the effects of the prohibited conduct concerned (including compensation for loss and damage suffered by the person injured as a result of the prohibited conduct in a way which is dissuasive and proportionate to the loss and damage suffered);
( b ) an order that a person or persons specified in the order take a course of action which is so specified,
and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation which may be ordered by the Circuit Court by virtue of this subsection. ]
Annotations:
Amendments:
F61
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F62
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 61(a), commenced on enactment.
F63
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 61(b), commenced on enactment.
F64
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(d), S.I. No. 274 of 2008.
Appeal against decision of Director of the Workplace Relations Commission .
28. — (1) Not later than 42 days from the date of a decision of the F65 [ Director of the Workplace Relations Commission ] under section 25 , the complainant or respondent involved in the claim may appeal against the decision to the Circuit Court by notice in writing specifying the grounds of the appeal.
(2) In its determination of the appeal, the Circuit Court may provide for any redress for which provision could have been made by the decision appealed against (substituting the discretion of the Circuit Court for the discretion of the F65 [ Director of the Workplace Relations Commission ] ).
(3) No further appeal lies, other than an appeal to the High Court on a point of law.
Annotations:
Amendments:
F65
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Form and contents of decision.
29. — (1) Every decision of the F66 [ Director of the Workplace Relations Commission ] under this Part shall be in writing and —
( a ) if the F66 [ Director of the Workplace Relations Commission ] thinks fit, or
( b ) if any of the parties so requests,
shall include a statement of the reasons why the F66 [ Director of the Workplace Relations Commission ] reached the decision.
(2) By notice in writing to the complainant and the respondent the F66 [ Director of the Workplace Relations Commission ] may correct any mistake (including an omission) of a verbal or formal nature in a decision under this Part.
(3) If any person who participated in an investigation is not correctly identified in the resulting decision, the correction of that error shall be regarded as falling within subsection (2) .
Annotations:
Amendments:
F66
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Supply and publication of decision.
30. — (1) A copy of every decision of the F67 [ Director of the Workplace Relations Commission ] under this Part shall be given to the complainant and the respondent and every such decision shall be published F68 [ on the internet in such form and manner as the Director General of the Workplace Relations Commission considers appropriate ] and a copy thereof made available for inspection at the office of the F67 [ Director of the Workplace Relations Commission ] .
(2) Any reference in this section to a decision includes a reference to any statement of reasons included in the decision as mentioned in section 29 (1) .
(3) The contents of any document published or made available by virtue of this section shall be protected by absolute privilege.
Annotations:
Amendments:
F67
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F68
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(f), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Enforcement of decisions and mediated settlements.
F69 [ 31. Section 43 of the Act of 2015 shall apply to a decision under section 25 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to —
(a) the modification that the following paragraph is substituted for paragraph (b) of subsection (1):
‘ (b) on application to it in that behalf, with the consent of the complainant, by the Irish Human Rights and Equality Commission, ’ ,
and
(b) the following modifications:
(i) references to a complaint or dispute shall be construed as references to a case so referred;
(ii) the reference to section 41 shall be construed as a reference to section 25 of this Act;
(iii) in subsection (1), the words ‘ decision of the Director General of the Workplace Relations Commission under section 25 of this Act ’ shall be substituted for the words ‘ decision of an adjudication officer under that section ’ ;
(iv) the deletion of subsection (2);
(v) the words ‘ decision of the Director General of the Workplace Relations Commission under section 25 of this Act ’ shall be substituted for the words ‘ decision of an adjudication officer ’ in each place that they occur; and
(vi) references to employee and employer shall be construed as references to complainant and respondent respectively. ]
Annotations:
Amendments:
F69
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 18, commenced by S.I. No. 410 of 2015 as per subs. (2).
Editorial Notes:
E10
Previous affecting provision: section substituted by Workplace Relations Act 2015 (16/2015), s. 84(1)(g), not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(o)(i), S.I. No. 411 of 2015.
E11
Previous affecting provision: section amended (18.07.2004) by Equality Act 2004 (24/2004), s. 62(a)-(e), commenced on enactment; substituted as per F-note above.
Additional powers of Circuit Court on enforcement.
32. — F70 [ … ]
Annotations:
Amendments:
F70
Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(h), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Powers to enter premises, obtain information, etc.
33. — (1) In this section —
“ designated officer ” means the F71 [ Director of the Workplace Relations Commission ] , an F72 [ adjudication officer ] or a person authorised in that behalf by the F71 [ Director of the Workplace Relations Commission ] ;
“ material information ” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out in subsection (2) .
(2) For the purpose of enabling information to be obtained which the F71 [ Director of the Workplace Relations Commission ] may require to enable him or her to exercise his or her functions under this Part, a designated officer may do any one or more of the following:
( a ) at all reasonable times, peaceably enter premises;
( b ) require a person to produce to the designated officer any records, books, documents or other things which are in that person ’ s power or control and which the designated officer has reasonable grounds for believing to contain material information, and to give the designated officer such information and access as the designated officer may reasonably require in relation to the contents of any such records, books, documents and other things;
( c ) inspect and copy or take extracts from any such records, books, documents or other things;
( d ) inspect any work in progress at any premises.
(3) The powers conferred by subsection (2) shall not be exercised in respect of a dwelling or any person, record, book, document or other thing in a dwelling unless the Minister (or an officer of the Minister authorised by the Minister in that behalf) certifies in writing that there are reasonable grounds for believing that there is in the dwelling information which is material to the investigation of a case, or the consideration of an appeal, under this Part.
(4) If a judge of the District Court is satisfied by information on oath of a designated officer that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises, the judge may issue a search warrant under this section.
(5) A search warrant issued under this section shall be expressed and operate to authorise a named designated officer, accompanied by such other persons as the named designated officer thinks necessary, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant —
( a ) to enter the premises named in the warrant, if necessary by force,
( b ) to search those premises, and
( c ) to exercise any such power as is described in subsection (2)(b) or (c) in relation to persons and records, books, documents or other things found at the premises.
Annotations:
Amendments:
F71
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F72
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(e)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Requirement to provide information.
34. — (1) For the purpose of enabling the F73 [ Director of the Workplace Relations Commission ] to exercise his or her functions under this Part, the F73 [ Director of the Workplace Relations Commission ] —
( a ) may require a person who, in the opinion of the F73 [ Director of the Workplace Relations Commission ] is in possession of, or has in his or her power or control, any information relevant to the exercise of those functions, to furnish that information to the F73 [ Director of the Workplace Relations Commission ] , and
( b ) where appropriate, may require such person to attend before the F73 [ Director of the Workplace Relations Commission ] for that purpose,
and the person shall comply with the requirement accordingly.
(2) A requirement under subsection (1) may specify a time and place at which information is to be furnished or a person is to attend, and if no such time or place is specified in the requirement, the person to whom the requirement is addressed shall comply with it as soon as is reasonably practicable.
(3) A person required to attend before the F73 [ Director of the Workplace Relations Commission ] under subsection (1)(b) —
( a ) shall answer fully and truthfully any question put to him or her by the F73 [ Director of the Workplace Relations Commission ] (other than a question the answer to which might incriminate the person), and
( b ) if so requested by the F73 [ Director of the Workplace Relations Commission ] , shall sign a declaration of the truth of his or her answers to any such question.
Annotations:
Amendments:
F73
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Failure to supply documents, information, etc.
35. — (1) If it appears to the F74 [ Director of the Workplace Relations Commission ] or an F74 [ adjudication officer ] that a person has failed to comply with —
( a ) a requirement under section 33 (2)(b) , or
( b ) a requirement under section 34 (1) ,
then, according as the case may require, the F74 [ Director of the Workplace Relations Commission ] or the F74 [ adjudication officer ] may apply to the Circuit Court for an order under this section.
(2) Subject to subsection (3) if, on an application under this section, the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.
(3) If, on an application under this section, the Circuit Court is of the opinion that the requirement in question purports to require the person concerned —
( a ) to produce any record, book, document or other thing, or
( b ) to furnish any information,
for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.
Annotations:
Amendments:
F74
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), (e)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Supplementary provisions as to information.
36. — (1) Where, in the course or for the purposes of any investigation, mediation or hearing under this Part, or of any inquiry under Part V of the Employment Equality Act, 1998 , any person discloses information to the Authority, the F75 [ Director of the Workplace Relations Commission ] or any other person entitled to obtain it, the disclosure shall not give rise to any liability (in contract, tort or otherwise) on the part of the person making it.
(2) No information furnished to or otherwise acquired by the Authority, the F75 [ Director of the Workplace Relations Commission ] or any other person by virtue of sections 33 to 35 , or otherwise in the course or for the purposes of any investigation, mediation, hearing or inquiry aforesaid, shall be published or otherwise disclosed except —
( a ) for the purposes of such an investigation, mediation, hearing or inquiry,
( b ) on the order of the High Court or the Circuit Court,
( c ) with the consent of the person furnishing the information and of any other person to whom the information may relate,
( d ) in a decision of the F75 [ Director of the Workplace Relations Commission ] published or made available under section 30 and to which the disclosure of the information is relevant, or
( e ) for the purposes of an application under section 35 .
(3) In this section “ information ” includes any record, book, document or other thing in which the information is contained.
(4) A person who discloses information in contravention of subsection (2) shall be guilty of an offence.
Annotations:
Amendments:
F75
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Obstruction of Director of the Workplace Relations Commission , etc.
37. — (1) A person who —
( a ) obstructs or impedes the F76 [ Director of the Workplace Relations Commission ] or an F76 [ adjudication officer ] in the exercise of powers under this Part, or
( b ) fails to comply with a requirement of the F76 [ Director of the Workplace Relations Commission ] or an F76 [ adjudication officer ] given under this Part,
shall be guilty of an offence.
(2) A reference in subsection (1) to an F76 [ adjudication officer ] includes a reference to a person authorised as described in the definition of “ designated officer ” in section 33 (1) .
Annotations:
Amendments:
F76
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), (e)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F77 [
Award of expenses.
37A. — (1) Without prejudice to section 37 , the F78 [ Director of the Workplace Relations Commission ] may, if of opinion that a person is obstructing or impeding an investigation, order that the person pay to another person a specified amount in respect of the travelling or other expenses incurred by that other person in connection with the investigation.
(2) Notwithstanding subsection (1) , expenses shall not be payable in respect of the attendance at the investigation of any person representing a complainant or respondent.
(3) The amount of any expenses ordered to be paid under this section may be recovered as a simple contract debt. ]
Annotations:
Amendments:
F77
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 63, commenced on enactment.
F78
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Dismissal of cases not pursued.
38. — (1) Where a case is referred to the F79 [ Director of the Workplace Relations Commission ] and, at any time after the expiry of one year from the date of the reference, it appears to the F79 [ Director of the Workplace Relations Commission ] that the complainant has not pursued, or has ceased to pursue, the reference, the F79 [ Director of the Workplace Relations Commission ] may dismiss the reference.
(2) As soon as practicable after dismissing a reference, the F79 [ Director of the Workplace Relations Commission ] shall give notice in writing of that fact to the complainant and the respondent.
(3) Where a reference is dismissed under this section, no further proceedings may be taken in relation to that reference, but nothing in this section prevents a person from making a further reference in relation to the same matter (subject to any applicable time limit).
Annotations:
Amendments:
F79
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F80 [
Burden of proof.
38A. — (1) Where in any proceedings facts are established by or on behalf of a person from which it may be presumed that prohibited conduct has occurred in relation to him or her, it is for the respondent to prove the contrary.
(2) This section is without prejudice to any other enactment or rule of law in relation to the burden of proof in any proceedings which may be more favourable to the person.
(3) Where, in any proceedings arising from a reference of a matter by the Authority to the F81 [ Director of the Workplace Relations Commission ] under section 23(1) , facts are established by or on behalf of the Authority from which it may be presumed that prohibited conduct or a contravention mentioned in that provision has occurred, it is for the respondent to prove the contrary. ]
Annotations:
Amendments:
F80
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 64, commenced on enactment.
F81
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
PART IV
Equality Authority
Additional functions of Authority.
39. — F82 [ … ]
Annotations:
Amendments:
F82
Repealed (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 7 and sch. 1, S.I. No. 449 of 2014.
Editorial Notes:
E12
Approved code of practice declared (31.05.2012) by Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 (S.I. No. 208 of 2012).
E13
Previous affecting provision: para. (b) substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 29, commenced on enactment; repealed as per F-note above.
PART V
General
Expenses.
40. — Any expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Regulations.
41. — (1) The F83 [ Minister for Jobs, Enterprise and Innovation ] may make regulations for the purpose of giving effect to this Act including regulations prescribing forms and the information to be contained in any notice to be used for any purpose under this Act.
(2) The F83 [ Minister for Jobs, Enterprise and Innovation ] may by regulations specify, in cases where provision is not otherwise made in that behalf by regulations under this Act or the Employment Equality Act, 1998 —
( a ) procedures to be followed by the F84 [ Director of the Workplace Relations Commission ] or, as the case may be, the Labour Court, in carrying out functions under this Act or the Employment Equality Act, 1998 , and
( b ) time limits applicable to the carrying out of such functions, including procedures for extending those limits in certain circumstances.
but before making any such regulations the F83 [ Minister for Jobs, Enterprise and Innovation ] F85 [ shall consult with the Authority and the F84 [ Director of the Workplace Relations Commission ] ] .
F86 [ (2A) F87 [ … ] ]
(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.
(4) Any regulation made under this Act may contain such consequential, supplementary and ancillary provisions as the F83 [ Minister for Jobs, Enterprise and Innovation ] considers necessary or expedient.
Annotations:
Amendments:
F83
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F84
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F85
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 64, commenced on enactment.
F86
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(e), S.I. No. 274 of 2008.
F87
Deleted (20.12.2012) by Equal Status (Amendment) Act 2012 (41/2012), s. 5, commenced on enactment.
Modifications (not altering text):
C7
Functions transferred and terms “ Minister for ” and “ Department of Justice and Equality ” construed (1.01.2013) by Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012), arts. 2, 3, subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Jobs, Enterprise and Innovation.
(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Jobs, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Justice and Equality by or under —
…
(b) Part III and section 41 (2) of the Equal Status Act 2000 (No. 8 of 2000),
(c) subsections (1) and (4) of section 41 of the Equal Status Act 2000 in so far as they relate to the provisions referred to in paragraph (b), and
(d) section 44 (1) of the Equal Status Act 2000, in so far as it relates to summary proceedings for an offence under sections 36(4) or 37(1) of that Act,
are transferred to the Minister for Jobs, Enterprise and Innovation.
(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Jobs, Enterprise and Innovation.
Vicarious liability.
42. — (1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that person ’ s employer, whether or not it was done with the employe ’ s knowledge or approval.
(2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that other person.
(3) In proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee —
( a ) from doing that act, or
( b ) from doing in the course of his or her employment acts of that description.
Offences generally.
43. — (1) A person guilty of an offence under any provision of this Act shall be liable —
( a ) on summary conviction, to a fine not exceeding £ 1,500 or imprisonment for a term not exceeding one year or both, or
( b ) on conviction on indictment, to a fine not exceeding £ 25,000 or imprisonment for a term not exceeding 2 years or both.
(2) If the contravention in respect of which a person is convicted of an offence under any provision of this Act is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable on summary conviction to a fine not exceeding £ 250 or, on conviction on indictment, to a fine not exceeding £ 1,500.
Offence-related provisions.
44. — F88 [ (1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Workplace Relations Commission or the Irish Human Rights and Equality Commission. ]
F88 [ (2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. ]
(3) F89 [ … ]
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any provision of this Act may be instituted within 12 months from the date of the offence.
Annotations:
Amendments:
F88
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(j)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F89
Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(j)(iii), S.I. No. 410 of 2015, subject to transitional provisions in subs. (2).
Modifications (not altering text):
C8
Functions transferred and terms “ Minister for ” and “ Department of Justice and Equality ” construed (1.01.2013) by Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012), arts. 2, 3, subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Jobs, Enterprise and Innovation.
(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Jobs, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Justice and Equality by or under —
…
(b) Part III and section 41 (2) of the Equal Status Act 2000 (No. 8 of 2000),
(c) subsections (1) and (4) of section 41 of the Equal Status Act 2000 in so far as they relate to the provisions referred to in paragraph (b), and
(d) section 44 (1) of the Equal Status Act 2000, in so far as it relates to summary proceedings for an offence under sections 36(4) or 37(1) of that Act,
are transferred to the Minister for Jobs, Enterprise and Innovation.
(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Jobs, Enterprise and Innovation.
Court jurisdiction.
45. — The jurisdiction conferred on the Circuit Court or District Court in proceedings under this Act shall be exercised by a judge of that Court for the time being assigned to the circuit or, as the case may be, the district in which the defendant ordinarily resides or carries on any profession, business or occupation.
Application of Act.
46. — (1) The provisions of this Act shall extend to and apply in respect of any ship or aircraft registered in the State that is operated by a person who has a principal place of business or ordinary place of residence in the State, whether or not the ship or aircraft is outside the State.
(2) An act which —
( a ) is done on or in respect of such a ship or aircraft while subject to the jurisdiction of a country outside the State, and
( b ) is required to be done to comply with the law of that country,
shall not constitute discrimination for the purposes of this Act.
Circuit Court Rules
Equal Status Acts 2000 to 2004
: S.I. No. 349 of 2006
In this Order “the Act” means the Equal Status Act, 2000 (No. 8 of 2000), and “the Authority” means the Equality Authority as provided for in Part I of the Act and “the Director” means the Director of the Equality Tribunal as provided for in Part I of the Act and “the Court” means the Circuit Court and “the Minister” means the Minister for Justice, Equality and Law Reform. “equality officer” shall be construed in accordance with Section 20 of the Act.
All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as an application made or proceedings taken in accordance with these Rules.
Rule Three – Appeals against decisions of the Director (Section 21 of the Act)
1. An appeal pursuant to section 21(7A) of the Act from a decision of the Director on an application by a complainant for an extension of time under subsections (3) or (7) of that section shall be made within the period specified in subsection (7A) of that section by originating Motion on Notice to the Director and to the complainant or respondent, as the case may be (in this Rule referred to as “the other party’), which Notice shall be entitled in the matter of section 21(7A) of the Act, shall specify the grounds of appeal and shall be grounded on an affidavit exhibiting a certified copy of the decision appealed against and setting out any relevant facts.
2. Notice of the appeal shall be given to the Director and the complainant or respondent, as the case may (in this Rule referred to as “the other party”), by service of the Notice of Motion and grounding affidavit no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being served upon the Director and the other party, or where such other party was represented by a solicitor before the Director, upon such solicitor; and service of the appeal or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered.
Rule Four – Appeals against decisions of the Director (Section 22 of the Act)
1. An appeal pursuant to section 22(2) of the Act from a decision of the Director under section 22(1) of the Act dismissing a claim shall be made by originating Motion on Notice to the Director and to the respondent, which Notice shall be entitled in the matter of section 22(2) of the Act, shall specify the grounds of appeal and shall be grounded on an affidavit exhibiting a certified copy of the decision appealed against and setting out any relevant facts.
2. Notice of the appeal shall be given to the Director and the respondent by service of the Notice of Motion and grounding affidavit no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being served upon the Director and the respondent or where such respondent was represented by a solicitor before the Director, upon such solicitor; and service of the appeal or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the respondent upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered.
Rule Five – Applications under Section 23(3) of the Act
An application by the Authority for an injunction or other relief pursuant to section 23(3) of the Act shall be instituted by the issue of a Civil Bill in Form 2B of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate.
Rule Six – Appeals against decisions of the Director (Section 28 of the Act)
1. An appeal pursuant to section 28 of the Act shall be made by way of originating Motion on Notice which shall set out the grounds upon which the appellant is relying for the reliefs sought. Such applications shall be in accordance with Form 36F annexed hereto, as appropriate.
2. Notice of the appeal shall be given to the complainant or respondent, as the case may be (in this Rule referred to as “the other party”), and to the Director as appropriate, by service of the Notice of Motion no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being served upon the complainant or respondent, as the case may (in this Rule referred to as “the other party”), or where such other party was represented by a solicitor before the Director, upon such solicitor, and upon the Director as appropriate; and service of the Notice of Motion or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.
3. The following documents shall, as appropriate, be filed with the application:
(i) a certified copy of the decision of the Director-with the date of the decision thereon;
(ii) certified copies of all notices, pleadings, documents and particulars provided by either party to the Director;
(iii) any other relevant documentation.
4. The appeal shall contain a statement of the grounds upon which the plaintiff intends to rely in support of the appeal.
5. The appeal shall be dated, and bear the name, address and description of the appellant and shall be signed by his solicitor, if any, and, if none, by the appellant.
6. Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the appeal, or to deliver copies of any documents referred to therein.
7. Save by special leave of the Court or save as provided for by the Act, the appeal shall be heard upon oral evidence.
Rule Seven – Enforcement of Decisions and Mediated Settlements
Applications for relief by way of enforcement pursuant to section 31 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the complainant or the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him or, in the case of a settlement, the respondent, as appropriate, which said Affidavit shall exhibit
(a) a certified copy of the decision of the Director or of the written record of the terms of settlement as appropriate;
(b) evidence of the date of the decision or the date of the written record of the settlement as appropriate; and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) an averment that there has not been any appeal pursuant to section 28 of the Act;
(iii) any facts relevant to the alleged failure to comply with the terms of a decision or with the terms of settlement, whether in whole or in part, as appropriate;
(iv) the consent of the complainant, where appropriate;
(v) any other relevant facts.
Rule Eight – Production of Documents and Supply of Information
Applications by the Director or an equality officer for relief pursuant to section 35 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Director or by an appropriate officer duly authorised by the Director or by an equality officer which said affidavit shall, as appropriate, exhibit all documentation relating to requirements made under section 33(2)(b) and/or section 34(1)(a) of the Act, as appropriate; and shall set out
(i) the name, address and description of the person against whom the relief is sought;
(ii) the applicable requirements under section 33(2)(b) and/or section 34(1) of the Act of (as the case may be) both of those provisions;
(iii) the nature of the failure to comply with the provision or provisions concerned alleged;
(iv) any other relevant facts.
Proceedings under the Act shall, in accordance with section 45 of the Act, be brought in the County where the defendant or respondent (as the case may be) ordinarily resides or carries on any profession, business or occupation.
Save by special leave of the Court and subject to Rule Six hereof, all proceedings under the Act other than proceedings for relief pursuant to section 23(3) of the Act shall only be heard upon Affidavit.
The Court may make such Order as to costs as may be appropriate.