Enforcement Issues
Employment Equality Act 1998
Information
Powers to enter premises, obtain information, etc.
94.—(1) Subject to subsection (3), this section has effect for the purpose of enabling information to be obtained which the F166[Director General of the Workplace Relations Commission] or the Labour Court may require to enable them to exercise their functions under this Part; and in this section—
(a) a “designated officer” means the F166[Director General of the Workplace Relations Commission], the Chairman of the Labour Court F167[, an inspector appointed under section 26 of the Act of 2015], an F166[adjudication officer] or a person authorised in that behalf by the F166[Director General of the Workplace Relations Commission] or the Chairman, and
(b) “material information” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out above.
(2) For the purpose set out in subsection (1), a designated officer may do any one or more of the following:
(a) at all reasonable times, peaceably enter premises;
(b) require any 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 may reasonably be required in relation to the contents of any such records, books, documents or 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) An F166[adjudication officer] who is nominated by the F166[Director General of the Workplace Relations Commission] under section 80(4) to investigate and prepare a report on a question specified by the Circuit Court may, for the purpose of that investigation and report, exercise any of the powers in paragraphs (a) to (d) of subsection (2); and, for the purpose of the application of this section in such a case—
(a) any reference in subsections (2), (5) and (6) to a designated officer shall be construed as a reference to the F166[adjudication officer] who is so nominated, and
(b) “material information” shall be construed as information which that F166[adjudication officer] has reasonable grounds for believing to be relevant for the purpose of the investigation and report.
(4) 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—
(a) where the powers are to be exercised by virtue of subsection (1), 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, or
(b) where the powers are to be exercised by virtue of subsection (3), the Circuit Court is satisfied that there are reasonable grounds for believing that there is in the dwelling information which is material to the F166[adjudication officer]’s investigation.
(5) 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.
(6) 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 1 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 these 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:
F166
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F167
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(k), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C42
Functions transferred and “Minister for Justice and Equality” 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(1)(a), 3(2), commenced as per art. 1(2).
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—
(a) sections 75, 76, 79, 94 and 100 of the Employment Equality Act 1998 (No. 21 of 1998),
…
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.
…
C43
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Requirements on persons to provide information.
95.—(1) For the purpose of enabling the F168[Director General of the Workplace Relations Commission] or the Labour Court to exercise their functions under this Part, the F168[Director General of the Workplace Relations Commission] or the Chairman of the Labour Court—
(a) may require any person who, in the opinion of the F168[Director General of the Workplace Relations Commission] or the Chairman (as the case may be) is in possession of, or has in his or her power or control, any information that is relevant to the exercise of those functions to furnish that information to the F168[Director General of the Workplace Relations Commission] or the Chairman, and
(b) where appropriate, may require any such person to attend before the F168[Director General of the Workplace Relations Commission] or the Chairman for that purpose,
and the person shall comply with any requirement so made.
(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) Any persons required to attend before the F168[Director General of the Workplace Relations Commission] or the Chairman of the Labour Court under subsection (1)(b) shall—
(a) answer fully and truthfully any questions put to them by the F168[Director General of the Workplace Relations Commission] or the Chairman (other than any question tending to incriminate the person asked), and
(b) if so requested by the F168[Director General of the Workplace Relations Commission] or the Chairman, sign a declaration of the truth of their answers to any such questions.
(4) For the purpose of enabling an F168[adjudication officer] nominated by the F168[Director General of the Workplace Relations Commission] under section 80(4) to perform the functions of investigating and preparing a report on a question specified by the Circuit Court, subsections (1) to (3) shall apply with the substitution of a reference to the F168[adjudication officer] for any reference to the F168[Director General of the Workplace Relations Commission].
Annotations:
Amendments:
F168
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/215), s. 83(1)(c)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C44
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Sanctions for failure or refusal to supply documents, information, etc.
96.—(1) If it appears to the F169[Director General of the Workplace Relations Commission], the Chairman of the Labour Court or an F169[adjudication officer] that any person has failed to comply with—
(a) a requirement under section 94(2) (b), or
(b) a requirement under section 95(1),
then, according as the case may require, the F169[Director General of the Workplace Relations Commission], the Chairman or the F169[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.
(4) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.
Annotations:
Amendments:
F169
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C45
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Supplementary provisions as to information.
97.—(1) Where, in the course, or for the purposes, of any investigation, mediation or hearing under this Part, any person discloses information to the Labour Court, the F170[Director General of the Workplace Relations Commission], an F170[mediation officer] or any other person entitled to obtain it, the making of 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 Labour Court, the F170[Director General of the Workplace Relations Commission] or any other person, by virtue of sections 94 to 96, or otherwise in the course, or for the purposes, of any investigation, mediation or hearing under this Part shall be published or otherwise disclosed except—
(a) for the purposes of such an investigation, mediation or hearing,
(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 F170[Director General of the Workplace Relations Commission] or a determination of the Labour Court which is published or made available under section 89 and to which the disclosure of the information is relevant, or
(e) for the purposes of an application under section 96.
(3) In subsection (2) any reference to information includes any record, book, document or other thing in which the information is contained.
(4) Any person who discloses information in contravention of subsection (2) shall be guilty of an offence under this section.
Annotations:
Amendments:
F170
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), (iii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C46
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Offences
Penalty for dismissal of employee for exercising rights.
98.—(1) If an employee is dismissed in circumstances amounting to victimisation, the employee’s employer shall be guilty of an offence and if, in a prosecution for an offence under this section, it is proved—
(a) that the employee was dismissed, and
(b) that the employee, in good faith, did one or more of the acts specified in F171[paragraphs (a) to (g)] of section 74(2),
that proof shall, without more, be evidence until the contrary is proved, that the sole or main reason for the dismissal of the employee was that the employee, in good faith, did one or more of those acts.
(2) Subject to subsection (4), on a conviction of an offence under this section, the court may, if it thinks fit and considers that the F172[Director General of the Workplace Relations Commission] would have power to do so—
(a) make an order for the re-instatement of the employee by the employer, or
(b) make an order for the re-engagement of the employee by the employer.
(3) Subject to subsection (4), if the court by which a person is convicted of an offence under this section does not make an order under subsection (2) (a) or (b), it may, if it thinks fit, in addition to imposing a fine for the offence, order the employer to pay to the employee concerned such amount of compensation as, subject to subsection (5), the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the employer or the employee concerned.
(4) The court shall not exercise its powers under subsection (2) or (3) unless the employee concerned consents.
(5) The amount of compensation which may be ordered under subsection (3) shall not exceed either—
(a) the amount which, having regard to subsections (4) and (5) of section 82, the F172[Director General of the Workplace Relations Commission] could order by way of compensation under F173[paragraph (c) or (f) of section 81(1)] on a claim for redress in respect of the dismissal, or
(b) if the order is made by the District Court, £5,000 or such other amount as may stand prescribed for the time being by law as the limit of that court’s jurisdiction in tort,
and, in applying any provision of section 82 for the purposes of paragraph (a), any reference to the date of the reference shall be construed as a reference to the date of the dismissal and any reference to the date of the F172[Director General of the Workplace Relations Commission] shall be construed as a reference to the date of the conviction of the offence.
(6) Where, on conviction of an employer for an offence under this section, the court makes an order under subsection (2) (a) or (b) or subsection (3)—
(a) whether or not the employer appeals against the conviction or sentence, the employer may appeal against the order to the court to which an appeal lies against the conviction, and
(b) the court hearing an appeal against the conviction or sentence, or an appeal against the order alone, may revoke or vary the order and, in particular, where the order was made under subsection (3), may vary the amount of the compensation.
(7) Where the court makes an order under subsection (3) for the payment of an amount of compensation—
(a) without prejudice to any right of appeal by any other person, the employee concerned shall have a right of appeal, limited to the amount of the compensation, to either the High Court or, as the case may be, to the judge of the Circuit Court in whose circuit is situated the district (or any part thereof) of the judge of the District Court by whom the compensation was ordered, and
(b) to the extent of the amount of compensation paid, the payment by the employer of the compensation shall be a good defence in any civil proceedings brought by the employee concerned in respect of the remuneration which the employee would have received if the dismissal had not occurred.
(8) Where an appeal is brought under subsection (7)(a), the decision of the High Court or, as the case may be, the judge of the Circuit Court shall be final.
Annotations:
Amendments:
F171
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 40, commenced on enactment.
F172
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F173
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 28 and 29, commenced on enactment.
Modifications (not altering text):
C47
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Editorial Notes:
E63
Previous affecting provision: subss. (2), (5) amended (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 28 and 29, commenced on enactment; substituted as per F-note above.
Obstruction etc. of the Workplace Relations Commission and other officers.
99.—(1) Any person who—
(a) obstructs or impedes the Labour Court, the F174[Director General of the Workplace Relations Commission] or an F174[adjudication officer] in the exercise of powers under this Part, or
(b) fails to comply with a requirement of the Labour Court, the F174[Director General of the Workplace Relations Commission] or an F174[adjudication officer] given under this Part,
shall be guilty of an offence under this section.
(2) Any reference in subsection (1) to an F174[adjudication officer] includes a reference to a person authorised under section 94(1)(a).
Annotations:
Amendments:
F174
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(i), (ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C48
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Award of expenses.
99A.—(1) Without prejudice to section 99, the Labour Court or the F176[Director General of the Workplace Relations Commission] may, if of opinion that a person is obstructing or impeding an investigation or appeal under this Act, order that the person pay to another person a specified amount in respect of the travelling or other expenses reasonably incurred by that other person in connection with the investigation or appeal.
(2) Notwithstanding subsection (1), expenses shall not be payable in respect of the attendance at the investigation or appeal 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:
F175
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 41, commenced on enactment.
F176
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Offences: general provisions.
100.—(1) A person who is 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 to imprisonment for a term not exceeding 1 year or both, or
(b) on conviction on indictment, to a fine not exceeding £25,000 or to 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, that 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.
(3) Summary proceedings for an offence under any provision of this Act may be instituted by the F177[Workplace Relations Commission] or the Authority.
(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.
(5) Where an offence under any provision of this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who, when the offence was committed, was a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person (as well as the body corporate) shall be guilty of an offence and liable to be proceeded against and punished as if guilty of the offence committed by the body corporate.
(6) In relation to a body corporate whose affairs are managed by its members, subsection (5) has effect as if “director” included a member of the body corporate.
Annotations:
Amendments:
F177
Substituted (1.10.2015) by Workplace Relations Commission Act 2015 (16/2015), s. 83(1)(l), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C49
Functions transferred and “Minister for Justice and Equality” 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(1)(a), 3(2), commenced as per art. 1(2).
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—
(a) sections 75, 76, 79, 94 and 100 of the Employment Equality Act 1998 (No. 21 of 1998),
…
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.
…
C50
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Supplementary
Alternative avenues of redress.
101.—(1) If an individual has instituted proceedings for damages at common law in respect of a failure, by an employer or any other person, to comply with an equal remuneration term or an equality clause, then, if the hearing of the case has begun, the individual may not seek redress (or exercise any other power) under this Part in respect of the failure to comply with the equal remuneration term or the equality clause, as the case may be.
F178[(2) Where an individual has referred a case to the F179[Director General of the Workplace Relations Commission] under section 77(1) and either a settlement has been reached by mediation or the F179[Director General of the Workplace Relations Commission] has begun an investigation under section 79, the individual—
(a) shall not be entitled to recover damages at common law in respect of the case, and
(b) if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal F180[, unless the F179[Director General of the Workplace Relations Commission], having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and respondent].]
(3) If an individual has referred a case to the Circuit Court under section 77(3) in respect of such a failure as is mentioned in subsection (1), the individual shall not be entitled to recover damages at common law in respect of that failure.
(4) F178[An employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if]—
(a) the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun, F181[or]
F182[(b) an adjudication officer has made a decision to which subsection (1) of section 8 of the Unfair Dismissals Act 1977 applies in respect of the dismissal.]
(c) the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.
F183[(4A) (a) Where an employee refers—
(i) a case or claim under section 77, and
(ii) a claim for redress under the Act of 1977,
to the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the case or claim referred to in subparagraph (i) shall, in so far only as it relates to such dismissal, be deemed to have been withdrawn unless, before the relevant date, the employee withdraws the claim under the Act of 1977.
(b) In this subsection—
‘Act of 1977’ means the Unfair Dismissals Act 1977;
‘dismissal’ has the same meaning as it has in the Act of 1977;
‘relevant date’ means such date as may be prescribed by, or determined in accordance with, regulations made by the Minister for Jobs, Enterprise and Innovation.]
F184[(5) Where the F179[Director General of the Workplace Relations Commission] issues a direction under subsection (2)(b), the resulting entitlement of the employee under that subsection is deemed to have effect from the date of the direction.]
(6) F185[…]
Annotations:
Amendments:
F178
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 30 and 31, commenced on enactment.
F179
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F180
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 42(a), commenced on enactment.
F181
Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 17(1)(b)(i), commenced as per subs. (2) by S.I. No. 410 of 2015.
F182
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 17(1)(b)(ii), commenced as per subs. (2) by S.I. No. 410 of 2015.
F183
Inserted (8.02.2016) by Credit Guarantee (Amendment) Act 2016 (1/2016), s. 17, commenced on enactment.
F184
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 42(b), commenced on enactment.
F185
Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 32, commenced on enactment.
Modifications (not altering text):
C51
Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.
Transfer of functions from Employment Appeals Tribunal
66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.
(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.
(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.
(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.
(3) This section shall come into operation on the dissolution day.
C52
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Editorial Notes:
E64
Power pursuant to subs. (4A) exercised and “relevant date” for the purposes of subs. (4A) prescribed (7.03.2016) by Employment Equality Act 1998 (Withdrawal of Certain Claims) (Relevant Date) Regulations 2016 (S.I. No. 126 of 2016), reg. 2.
E65
Previous affecting provision: subs. (4)(a) amended, (b) substituted and (4A) inserted by Workplace Relations Act 2015 (16/2015), s. 83(1)(m), not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 17(1)(b), commenced as per subs. (2) by S.I. No. 410 of 2015.
F186[Parallel claims.
101A.—Where the conduct of an employer constitutes both a contravention of Part III or IV and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act and either of the said Acts.]
Annotations:
Amendments:
F186
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 43, commenced on enactment.
Modifications (not altering text):
C53
Application of section adapted for purposes of Pensions Act 1990, Part VII by Pensions Act 1990, s. 81J and sch. 4 ref. no. 30A (as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, ref. no. 30A providing for alternative application of s. 101A as inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 66(3)(f)(vii), commenced on enactment.
Table heading: Substituted words for the purposes of Part VII
(2) Where the conduct of an employer constitutes both a contravention of Part VII of the Pensions Act 1990 and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act as it applies to Part VII of the Pensions Act 1990 and either of the said Acts.
Striking out cases which are not pursued.
102.—(1) Where—
F187[(a) a case is referred to the F188[Director General of the Workplace Relations Commission] under section 77,
(b) a matter is referred to the F188[Director General of the Workplace Relations Commission] under section 85,
(c) a collective agreement is referred to the F188[Director General of the Workplace Relations Commission] under section 86, or
(d) a case is referred to the F188[Director General of the Workplace Relations Commission] under the Anti-Discrimination (Pay) Act 1974 or the Employment Equality Act 1977,]
and, at any time after the expiry of 1 year from the date of the reference, it appears to the F188[Director General of the Workplace Relations Commission] that the complainant has not pursued, or has ceased to pursue, the reference, the F188[Director General of the Workplace Relations Commission] may strike out the reference.
(2) Where—
F187[(a) an appeal is brought to the Labour Court under this Part, or
(b) a case is referred to the Labour Court under the said Act of 1974 or 1977,]
and, at any time after the expiry of 1 year from the date of the reference or, as the case may be, the bringing of the appeal, it appears to the Labour Court that the complainant or, as the case may be, the appellant has not pursued, or has ceased to pursue, the matter, the Labour Court may strike out the reference or, as the case may be, the appeal.
(3) As soon as practicable after striking out a reference, the Director or, as the case may be, the Labour Court shall give notice in writing to the complainant and the respondent or respondents.
(4) As soon as practicable after striking out an appeal, the Labour Court shall give notice in writing to the appellant and the other party to the appeal.
(5) Where a reference or appeal is struck out under this section, no further proceedings may be taken in relation to that reference or appeal; but nothing in this section prevents any person from making a further reference in relation to the same matters (subject to any applicable time limit).
(6) In this section “the complainant”, “the respondent” and “the respondents” have the same meanings as in section 77, 85 or 86 according to the nature of the reference concerned.
Annotations:
Amendments:
F187
Substituted and inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 44(a) and (b), commenced on enactment.
F188
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Modifications (not altering text):
C54
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Provisions relating to insolvency.
103.—(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963, are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all relevant compensation payable F189[under this Part or section 44 of the Act of 2015 in accordance with section 83] by the company, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.
(2) There shall be included among the debts which, under section 81 of the Bankruptcy Act, 1988, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all relevant compensation payable F189[under this Part or under section 44 of the Act of 2015 in accordance with section 83] by the bankrupt or arranging debtor, as the case may be, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.
(3) For the purposes of this section “relevant compensation” means sums ordered to be paid by way of redress by virtue of—
(a) F190[…]
(b) a decision F191[…] under section 79(6) (including that provision as applied by section 85(2)),
F189[(c) a decision under section 44 of the Act of 2015 to which section 83 applies.]
(d) F190[…]
(4) In the Protection of Employees (Employers’ Insolvency) Act, 1984, section 6 (which provides for certain amounts to be paid out of the Social Insurance Fund) shall be amended in accordance with subsections (5) and (6).
(5) At the end of subsection (2)(a)(viii)(II) there shall be inserted “or (III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103(3) of the Employment Equality Act, 1998,”.
(6) In subsection (4)(c), after subparagraph (v) there shall be inserted—
“(vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless—
(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or
(II) in case there is no such appeal, the time for bringing such an appeal has expired.”.
Annotations:
Amendments:
F189
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(n)(i), (ii) and (iv), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F190
Deleted (1.10.2015) by Workplace Relations Act 2015 (15/2015), s. 83(1)(n)(iii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F191
Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 33(a) and (b), commenced on enactment.
Modifications (not altering text):
C55
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
Editorial Notes:
E66
Previous affecting provision: subs. (3)(d) amended (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 33(b), commenced on enactment; substituted as per F-note above.
Special provision as to Defence Forces.
104.—(1) Save as provided for by section 77(10), nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the F192[Director General of the Workplace Relations Commission]F193[…] or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part.
(2) If requested to do so by an officer, within the meaning of the Defence Act, 1954, who is authorised in that behalf, the F192[Director General of the Workplace Relations Commission] shall—
(a) investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the F192[Director General of the Workplace Relations Commission]F193[…] under this Part or of proceedings before the Circuit Court under section 77(3), and
(b) make a recommendation in respect of that matter to the officer concerned.
(3) A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the F192[Director General of the Workplace Relations Commission] made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation.
(4) The F192[Director General of the Workplace Relations Commission] shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation.
Annotations:
Amendments:
F192
Substituted (1.10.2015) by Workplace Relations Act 2015, s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F193
Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 34 and 35, commenced on enactment.
Modifications (not altering text):
C56
Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.
Application of Employment Equality Act 1998.
81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.
(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.
(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.
S.I. No. 321/1999 –
Employment Equality Act, 1998 (Section 76 – Right To Information) Regulations, 1999
I, JOHN O’DONOGHUE, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 3 (3) and 76 (1) of the Employment Equality Act, 1998 (No. 21 of 1998), hereby make the following Regulations:
1. These Regulations may be cited as the Employment Equality Act, 1998 (Section 76 — Right to Information) Regulations, 1999, and shall come into operation on the 18th day of October, 1999.
2. In these Regulations —
“the Act” means the Employment Equality Act, 1998 (No. 21 of 1998);
“discriminatory ground” has the meaning given by section 6(2) of the Act;
“material information” has the meaning given by section 76(2) of the Act.
3. The form set out at Schedule 1 to these Regulations is hereby prescribed as the form to be used for the purposes of section 76(1) of the Act by a person (“the Complainant”) to obtain material information in order to decide whether to refer a matter under any provision of section 77 of the Act and, in the event of such a reference, to formulate and present his or her case in the most effective manner.
4. The form set out at Schedule 2 to these Regulations is hereby prescribed as the form to be used for the purposes of section 76(1) of the Act by a person (“the Respondent”) when replying to a request by a complainant for material information as prescribed by Regulation 3 of these Regulations.
SCHEDULE 1
Employment Equality Act, 1998 — Section 76
Questionnaire of the Complainant
Name and address of person to be questioned (the Respondent):
To…………………………………………………… ………………………………
of…………………………………………………… ……………………………….
…………………………………………………… ………………………………….
…………………………………………………… ………………………………….
Name and address of Complainant:
1.
I…………………………………………………… …………………………………
of…………………………………………………… ……………………………….
…………………………………………………… ………………………………….
…………………………………………………… ………………………………….
Delete the circumstances which do not apply to your complaint.
consider that you may have:
(a) discriminated against me;
(b) dismissed or otherwise penalised me in circumstances amounting to victimisation;
(c) failed to provide equal remuneration to me as required by an equal remuneration term;
(d) failed to provide equal treatment to me as required by an equality clause under my contract of employment;
contrary to the provisions of the Employment Equality Act, 1998 .
Indicate the discriminatory ground(s) which you consider to apply to your complaint. (Tick where appropriate).
2.
Gender ( ) Martial Status ( ) Family Status ( ) Sexual Orientation ( ) Religion ( ) Age ( ) Disability ( ) Race ( ) Traveller Community Ground ( )
Outline the circumstances of your complaint including:
3.
(a) in the case of treatment, dates, times and a factual description of the treatment received and of the circumstances leading up to the treatment, or
(b) in the case of remuneration, the name(s), job title(s), etc. of person(s) with whom you consider you perform like work (i.e. the same work similar work or work of equal value).
Complete if you wish to give reasons otherwise delete the word “because”.
4.
I believe that the treatment/circumstances outlined at paragraph 3 of this Questionnaire may have been unlawful because . . .
This is the first of your questions to the Respondent.
5.
Do you agree that the circumstances outlined at paragraph 3 of this Questionnaire are accurate? If not, in what respect do you disagree or what is your version of the situation?
This is the second of your questions to the Respondent.
6.
Do you accept that your treatment of me, or the rate of remuneration afforded to me, was unlawful, contrary to the provisions of the Employment Equality Act, 1998 ? If not:
(a) Why not?
(b) For what reason did I receive the treatment/remuneration which is the subject of my complaint?
Enter here any other questions you wish to ask including any request for other non-confidential material information in respect of other persons who are in a comparable position to you or information which it is reasonable for you to require in the context of your case.
7.
Address to which reply should be sent if not the same as that at paragraph 1 of this Questionnaire.
8.
Signature of Complainant
…………………………………………………… ……………………………………..
Date …………………………………………………… ………………………………
Note
If there is not sufficient space to request information please use additional page(s) and sign and date each of them.
SCHEDULE 2
Employment Equality Act, 1998 — Section 76
Reply by the Respondent
Name and address of Complainant:
To…………………………………………………… ………………………………….
of…………………………………………………… …………………………………..
…………………………………………………… ……………………………………..
…………………………………………………… ……………………………………..
Name and address of Respondent:
1.
I…………………………………………………… …………………………………….
of…………………………………………………… …………………………………..
…………………………………………………… ……………………………………..
……………………………………
hereby acknowledge receipt of the Questionnaire signed by you and dated …………………………………………………… …………………………….
Delete sentence at (a) or (b) as appropriate and, if (a) is deleted, complete (b).
2.
(a) I agree that the statement/circumstances outlined in paragraph 3 of the Questionnaire is/are accurate.
(b) I disagree with the statement/circumstances outlined in paragraph 3 of the Questionnaire in that ……………………………………………..
Delete sentence at (a) or (b) as appropriate and, if (a) is deleted, complete one or more of the sentences at (b)(i) or (b)(ii).
3.
(a) I accept that my treatment of you, or the rate of remuneration afforded to you, was unlawful, contrary to the provisions of the Employment Equality Act, 1998 .
(b) I dispute that my treatment of you, or the rate of remuneration afforded to you, was unlawful, contrary to the provisions of the Employment Equality Act, 1998 :
(i) My reasons for disputing are ……..
(ii) The reasons why you received the treatment accorded to you or the rate of remuneration afforded to you are as follows
Replies to the questions in paragraph 7 of the Questionnaire should be entered here.
4.
Delete this entire sentence if you have answered all of the questions in the Questionnaire.
5.
I have deleted (in whole or in part) the paragraph(s) numbered ……….. above, because I am unable/unwilling (delete as appropriate) to reply to those questions for the following reasons—
Signature of Respondent
…………………………………………………… ……………………………………..
Date …………………………………………………… ………………………………
Notes
If there is not sufficient space to enter a reply, please use additional page(s) and sign and date each of them.
If a Respondent fails to provide the information sought by the Complainant, or the information provided is false or misleading or is otherwise not such as the Complainant might reasonably require in accordance with the appropriate provisions of the Employment Equality Act, 1998 , the Director of Equality Investigations, the Labour Court or the Circuit Court may draw such inferences as seem appropriate in the circumstances.
/images/seal.jpg
GIVEN under my Official Seal, this 18th day of October, 1999.
JOHN O’DONOGHUE, T.D.
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations prescribe the forms to be used for the purposes of section 76 (1) of the Employment Equality Act, 1998 — (a) by a person (the Complainant) who wishes to obtain material information in order to decide whether to refer a matter to the Circuit Court, the Labour Court or the Director of Equality Investigations and, in the event of such a reference, to formulate and present his/her case in the most effective manner (Schedule 1); and (b) by a person (the Respondent) when replying to a request by a Complainant for material information (Schedule 2).
The Employment Equality Act, 1998 prohibits discrimination by employers, providers of vocational training, employment agencies and certain vocational bodies on grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the traveller community. The Act provides a means of redress (the Director of Equality Investigations, Labour Court and Circuit Court) where a person considers that he/she has been discriminated against contrary to the provisions of the Act. The Act also provides for the establishment of the Equality Authority. The statutory functions of the Authority include the provision of information and assistance to the public in relation to the Act.