Previous Bodies

Index

Part III Industrial Relations Act, 1990

Industrial Relations Generally

“worker”.

23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or more who has entered into or works under F2[(or, where the employment has ceased, worked under)] a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—

(a) a person who is employed by or under the State,

(b) a teacher in a secondary school,

(c) a teacher in a national school,

F2[(ca) a teacher employed by an education and training board,]

(d) F3[…]F4[…]

F5[ (e)F3[…]]

(f) F3[…]

(2) F6[…]

(3) The Minister for Finance may from time to time—

(a) designate for the purpose of subsection (1) any persons F7[…] employed by virtue of section 30 (1) (g) of the Defence Act, 1954, or employed by or under the State, and

(b) cancel the designation of any persons under this subsection.

(4) Any person who stands designated by virtue of section 17 (2) (a) of the Industrial Relations Act, 1969, at the passing of this Act shall remain designated for the purpose of subsection (1) unless the designation is cancelled under subsection (3) (b).

(5) F6[…]

(6) F6[…]

Annotations:

Amendments:

Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 44, S.I. No. 329 of 2015.

Repealed (1.08.2015) by Industrial Relations (Amendment Act 2015 (27/2015), s. 4(b), S.I. No. 329 of 2015.

Deleted (1.08.1998) by Industrial Relations Act 1990 (Definition of “Worker”) Order 1998 (S.I. No. 264 of 1998), art. 2.

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s.72, sch. 6 item 8, S.I. No. 211 of 2013.

Repealed (1.08.2015) by Industrial Relations (Amendment Act 2015 (27/2015), s. 4(c), S.I. No. 329 of 2015.

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 86(2), S.I. No. 410 of 2015.

Modifications (not altering text):

Term “sanitary authority” construed as “Irish Water” in so far as it relates to certain functions (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 7(3),(4), S.I. No. 575 of 2013.

Transfer of functions from water service authorities to Irish Water

7.— …

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Term “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004.

Definitions (Part 10).

56.—In this Part “specified body” means—

(a) the health boards,

…

References to specified bodies.

66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.

C10

Application of subs. (3) not restricted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 7(2)(h), commenced on enactment.

Excluded positions generally.

7.— …

(2) Subject to subsection (4), unless an order is made under section 6, either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned— …

(h) is to the position of a person designated by the Minister under section 23(3) of the Industrial Relations Act 1990 for the purposes of section 23(1) of that Act.

…

Editorial Notes:

E13

Power pursuant to subs. (5) exercised (1.08.1998) by Industrial Relations Act, 1990 (Definition of “Worker”) Order 1998 (S.I. No. 264 of 1998).

The Labour Court and the Labour Relations Commission

Establishment of the Commission.

24.—(1) There shall be a body to be known as the Labour Relations Commission to fulfil the functions assigned to it by this Act.

(2) The Commission shall stand established on such day as the Minister by order appoints.

(3) The Commission shall consist of a chairman and six ordinary members who shall be appointed by the Minister.

(4) The Fourth Schedule to this Act shall apply to the Commission.

Annotations:

Editorial Notes:

E14

Power pursuant to subs. (2) exercised (21.01.1991) by Labour Relations Commission (Establishment) Order 1991 (S.I. No. 7 of 1991).

Functions of the Commission.

25.—(1) The Commission shall have general responsibility for promoting the improvement of industrial relations and shall—

(a) provide a conciliation service;

(b) provide an industrial relations advisory service;

(c) prepare codes of practice relevant to industrial relations after consultation with unions and employer organisations;

(d) offer guidance on codes of practice and help to resolve disputes concerning their implementation;

(e) F8[…]

(f) select and nominate persons for appointment as rights commissioners and provide staff and facilities for the rights commissioner service;

(g) conduct or commission research into matters relevant to industrial relations;

(h) review and monitor developments in the area of industrial relations;

(i) assist joint labour committees and joint industrial councils in the exercise of their functions.

(2) The Commission may at the request of one or more parties to a trade dispute or on its own initiative offer the parties its appropriate services with a view to bringing about a settlement.

(3) Except where there is specific provision for the direct reference of trade disputes to the Labour Court, trade disputes shall first be referred to the Commission or to its appropriate services.

(4) The Commission may, if it thinks fit, on request or on its own initiative, provide for employers, employers’ associations, workers and trade unions such advice as it thinks appropriate on any matter concerned with industrial relations.

(5) The functions referred to in subsection (1) (a), (b) or (d) shall be performed on behalf of the Commission by members of its staff duly appointed by the Commission.

(6) The Commission, a member of the Commission or any of its staff shall not include in any report any information obtained by it in the course of any proceedings before it under this Act as to any trade union or as to the business carried on by any person which is not available otherwise than through evidence given at the proceedings (including conciliation conferences and advisory meetings) without the consent of the trade union or person concerned, nor shall any member of the Commission or any of its staff or any person concerned in the proceedings, without such consent, disclose any such information.

(7) Subsection (6) shall not apply to a report to the Court under section 26 (1) (a) or a notice to the Court under section 26 (3) (a) or a report under section 48 (3).

(8) Subsection (6) is without prejudice to F9[…]section 14 of the Industrial Relations Act, 1969.

Annotations:

Amendments:

Deleted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(b)(i), S.I. No. 320 of 1999.

Deleted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(b)(ii), S.I. No. 320 of 1999.

Modifications (not altering text):

C11

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3, part 1, commenced on enactment. This section is listed in sch. 3.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

…

Editorial Notes:

E15

Previous affecting provision: certain functions under subs. (6) excluded from obligation to refuse an FOI request (21.4.1998) by Freedom of Information Act 1997 (13/1997), s. 32, sch. 3 part 1, commenced as per s. 1(2). Subsection (6) is listed in sch. 3. Repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).

Investigation of dispute by Court.

26.—(1) The Court shall not investigate a trade dispute unless—

(a) subject to subsection (3), it receives a report from the Commission stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute, and

(b) the parties to the dispute have requested the Court to investigate the dispute.

(2) The report referred to in subsection (1) (a) shall include information on the issues in dispute, the attempts made to resolve the dispute and any other information which the Commission considers of assistance to the Court.

(3) Notwithstanding subsection (1) (a), the Court may investigate a dispute if—

(a) the Chairman of the Commission (or any member or officer of the Commission authorised by him) notifies the Court that in the circumstances specified in the notice the Commission waives its function of conciliation in the dispute, and

(b) the parties to the dispute have requested the Court to investigate the dispute.

(4) The foregoing provisions of this section shall not apply in relation to an investigation of a trade dispute by the Court instituted by it before the establishment of the Commission or an appeal to the Court in relation to a recommendation of a rights commissioner or of an equality officer.

(5) Where the Court, following consultation with the Commission, is of opinion, in relation to a trade dispute which but for this subsection it would be precluded by virtue of subsection (1) from investigating, that there are exceptional circumstances which warrant it so doing, it may investigate the dispute.

Annotations:

Modifications (not altering text):

C12

Application of section restricted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 9(6), S.I. No. 329 of 2015.

Variation of registered employment agreements

9….

(6) Following a referral of a dispute to the Workplace Relations Commission under subsection (5), where the parties have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Act of 1990, the Commission shall request the Court to investigate the dispute.

…

C13

Application of section restricted by Industrial Relations Act 1946 (26/1948), s. 28(6) as substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 6, commenced on enactment.

Variation of registered employment agreement.

[28.— …

(6) Following a referral of a dispute to the Labour Relations Commission under subsection (5), where the parties to the dispute have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Industrial Relations Act 1990, the Commission shall request the Court to investigate the dispute.

…]

C14

Application of section restricted by by Industrial Relations Act 1946 (26/1948), s. 42B(4) as inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, commenced on enactment.

[Proposals by joint labour committee for employment regulation orders.

42B.— …

(4) Notwithstanding section 26 of the Industrial Relations Act 1990, where a joint labour committee has failed to formulate proposals or where it has formulated proposals and has failed to adopt such proposals, and the chairman is satisfied that no further efforts on his or her part will advance the committee in reaching agreement, the chairman may, and shall if requested by a member of the committee, submit the outstanding issues to the Court for its recommendation.

…

Time limit in relation to trade dispute where retired worker is party to dispute

F10[26A. (1) Notwithstanding any other provision of this or any other enactment, but subject to subsection (2), an adjudication officer or the Court shall not investigate a trade dispute to which a worker who has ceased to be employed by reason of his or her retirement is a party unless—

(a) the dispute was referred to the Commission for conciliation within a period of 6 months from the date on which the worker’s employment ceased, or the date on which the event to which the dispute relates occurred, whichever is the earlier, or

(b) the dispute was referred to an adjudication officer or, as the case may be, the Court within the period referred to in paragraph (a).

(2) Notwithstanding subsection (1), an adjudication officer or, as the case may be, the Court may extend the period referred to in that subsection by a further period not exceeding 6 months where the adjudication officer or the Court is satisfied that the failure to refer the dispute within the period referred to in subsection (1) was due to reasonable cause.

(3) The Commission or the Court shall not investigate a trade dispute to which a worker referred to in subsection (1) is a party where the dispute is subject to investigation by the Pensions Ombudsman.]

Annotations:

Amendments:

F10

Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 45, S.I. No. 329 of 2015

Editorial Notes:

E16

The section heading is that of the amending section in the absence of one included in the amendment.

Procedure of the Commission.

27.—(1) The Commission may act notwithstanding the existence of not more than two vacancies in its membership.

(2) The Commission may from time to time make rules regulating its own procedure and business (including the fixing of a quorum for its meetings) and shall furnish the Minister with a copy of any such rules as soon as may be after they have been made.

(3) The Commission shall in each year, at such date as the Minister may direct, make a report of its activities to the Minister including such observations as it thinks proper relating to trends and developments in industrial relations including pay and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(4) The Commission shall supply to the Minister such information as he may from time to time require regarding its activities.

The chief executive.

28.—(1) There shall be a chief officer of the Commission who shall be known as the chief executive.

(2) The first chief executive shall be appointed by the Minister and each subsequent chief executive shall be appointed by the Minister after consultation with the Commission.

(3) The terms and conditions of service of the post of chief executive shall be determined by the Minister with the consent of the Minister for Finance.

(4) The office of chairman and the post of chief executive may be held by the same person for such period and subject to such conditions as the Minister with the consent of the Minister for Finance may determine.

(5) The chief executive may be removed from office by the Minister for stated reasons.

Superannuation and gratuities for and in respect of the chief executive of the Commission.

29.—(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities and other allowances on cessation of office or death to or in respect of the chief executive of the Commission.

(2) The Minister may, with the consent of the Minister for Finance, at any time amend a scheme made by him under this section.

(3) A scheme made by the Minister under this section shall be carried out by the Minister in accordance with its terms.

(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(5) Every scheme made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Grants to the Commission and power to borrow.

30.—(1) In each financial year there may be paid to the Commission out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance, may sanction towards the expenses of the Commission in the performance of its functions.

(2) The Commission may, with the consent of the Minister, given with the consent of the Minister for Finance, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for current expenditure.

Annotations:

Modifications (not altering text):

C15

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Accounts and audits.

31.—(1) The Commission shall, in such form as may be approved by the Minister with the consent of the Minister for Finance, keep all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually at such times as the Minister, with the consent of the Minister for Finance, directs, by the Commission to the Comptroller and Auditor General for audit and those accounts, when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Annotations:

Modifications (not altering text):

C16

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Industrial relations officers and advisory service.

33.—(1) The Commission may appoint members of its staff to act as industrial relations officers.

(2) The industrial relations officers shall perform any duties assigned to them by the Commission through its chairman or its chief executive officer and, in particular, they shall assist in the prevention and settlement of trade disputes.

(3) The Commission may appoint members of its staff, including industrial relations officers, to give advice on matters relating to industrial relations to management and workers or their representatives.

Rights commissioners.

34.—(1) Where the Minister proposes to appoint a rights commissioner under section 13 (1) of the Industrial Relations Act, 1969, he shall request the Commission to submit to him a panel of persons and he shall not appoint as a rights commissioner any person other than a person included in such panel.

(2) The term of office of a rights commissioner appointed in pursuance of subsection (1) shall be a period not exceeding three years.

(3) A rights commissioner may be re-appointed for a further term or terms by the Minister.

The Rights Commissioner Service.

35.—(1) The rights commissioners shall operate as a service of the Commission and references to rights commissioners in the Industrial Relations Act, 1969, the Unfair Dismissals Act, 1977, and the Maternity Protection of Employees Act, 1981, shall be taken to be references to rights commissioners so operating.

(2) A rights commissioner shall be independent in the performance of his functions.

Annotations:

Editorial Notes:

E17

The Maternity Protection of Employees Act 1981 was repealed (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 6(1), S.I. No. 16 of 1995.

Objections and appeals.

36.—(1) An objection under section 13 (3) (b) (ii) of the Industrial Relations Act, 1969, by a party to a trade dispute to an investigation of the dispute by a rights commissioner shall be of no effect unless it is notified in writing to the commissioner within three weeks after notice of the reference of the dispute to the commissioner has been sent by post to that party.

(2) An appeal to the Court against the recommendation of a rights commissioner shall not be considered unless it is notified in writing to the Court within six weeks after the making of the recommendation.

(3) A rights commissioner, in addition to notifying the Court, shall notify the Minister and the Commission of every recommendation made by him.

(4) The Commission shall not exercise its function of conciliation on a dispute on which a rights commissioner has made a recommendation.

Equality officers.

37.—

F12[…]

Annotations:

Amendments:

F12

Deleted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(c), S.I. No. 320 of 1999.

Reference of dispute by Minister.

38.—(1) Where the Minister is of the opinion that a trade dispute, actual or apprehended, affects the public interest, he may refer the matter to the Commission or the Court, which shall endeavour to resolve the dispute.

(2) Where the Minister is of the opinion that a trade dispute is a dispute of special importance, he may request the Commission or the Court or another person or body to conduct an enquiry into the dispute and to furnish a report to him on the findings.

Review of joint labour committees.

F13[…]

Annotations:

Amendments:

F13

Repealed (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 3(2), S.I. No. 302 of 2012.

Divisions of Court.

41.—The Minister may amend or revoke an order made by him under section 8 (1) of the Industrial Relations Act, 1976.

Annotations:

Editorial Notes:

E18

Power pursuant to section exercised (26.06.1992) by Labour Court (Fourth Division) Order, 1979 (Revocation) Order 1992 (S.I. No. 161 of 1992), abolishing the fourth division of the Labour Court set up by Labour Court (Fourth Division) Order 1979 (S.I. No. 161 of 1979).

Industrial Relations Act 1969 S.12,13

Rights commissioners.

13.—F15[…]

(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.

(3) (a) Subject to the provisions of this section, a rights commissioner shall investigate any trade dispute referred to him under subsection (2) of this section and shall, unless before doing so the dispute is settled—

(i) make a recommendation to the parties to the dispute setting forth his opinion on the merits of the dispute, and

(ii) notify the Court of the recommendation.

(b) A rights commissioner shall not investigate a trade dispute—

(i) if the Court has made a recommendation in relation to the dispute, or

(ii) if a party to the dispute notifies the commissioner in writing that he objects to the dispute being investigated by a rights commissioner.

(4)F15[…]

(5)F15[…]

(6) A rights commissioner may provide for the regulation of proceedings before him in relation to an investigation under this section and may provide for the cases in which persons may appear before him by counsel or solicitor and, except as so provided, no person shall be entitled to appear by counsel or solicitor before him.

(7)F15[…]

(8) An investigation by a rights commissioner shall be conducted in private.

(9)(a) A party to a dispute in relation to which a rights commissioner has made a recommendation may appeal to the Court against the recommendation and the parties to the dispute shall be bound by the decision of the Court on the appeal.

(b) The Court shall hear and decide any appeal to it under this subsection and it shall convey its decision thereon to the parties.

(c) A hearing under this subsection shall be held in private.

(10) The Court shall not investigate (except by way of appeal to it under subsection (9) of this section) a trade dispute in relation to which a rights commissioner has made a recommendation.

Annotations:

Amendments:

F15

Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8 and sch. 2 part 1 item 2, S.I. No. 410 of 2015.

Modifications (not altering text):

C14

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Procedure for appointment of rights commissioner provided (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 34, commenced on enactment.

Rights commissioners.

(2) The term of office of a rights commissioner appointed in pursuance of subsection (1) shall be a period not exceeding three years.

(3) A rights commissioner may be re-appointed for a further term or terms by the Minister.

C16

Application of subs. (2) restricted (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 8(10), S.I. No. 138 of 1977, as substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(d), commenced as per s. 17(4).

Determination of claims for unfair dismissal.

8.— …

[(10) (a) A dispute in relation to a dismissal as respects which a recommendation has been made by a rights commissioner under this Act or a hearing by the Tribunal under this Act has commenced shall not be referred, under the Industrial Relations Acts, 1946 to 1990, to a rights commissioner or the Labour Court.

(b) Where, in relation to a dismissal, a recommendation has been made by a rights commissioner, or a hearing by the Labour Court under the said Acts has commenced, the employee concerned shall not be entitled to redress under this Act in respect of the dismissal.

… ]

C17

Requirements for making objection under subs. (3)(b)(ii) provided (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 36, commenced on enactment.

Objections and appeals.

(3) A rights commissioner, in addition to notifying the Court, shall notify the Minister and the Commission of every recommendation made by him.

(4) The Commission shall not exercise its function of conciliation on a dispute on which a rights commissioner has made a recommendation.

Editorial Notes:

Provision for rights commissioners appointed under subs. (1) to stand appointed as adjudication officers for purposes of Workplace Relations Act 2015 made (1.10.2015) by Workplace Relations Act 2015 (16/2015) s. 40(3), S.I. No. 410 of 2015.

Prohibition on disclosure of information.

14.—A rights commissioner shall not include in any recommendation any information obtained by him in the course of any investigation under this Act as to any trade union or as to the business carried on by any person which is not available otherwise than through evidence given at the investigation without the consent of the trade union or persons concerned, nor shall any person concerned in proceedings before a rights commissioner under this Act, without such consent, disclose any such information.

Annotations:

Modifications (not altering text):

C18

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

…

The text in italics on this page is sourced from lawreform.ie and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.

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Previous Bodies

Part III Industrial Relations Act, 1990

“worker”.

Establishment of the Commission.

Functions of the Commission.

Investigation of dispute by Court.

Procedure of the Commission.

The chief executive.

Superannuation and gratuities for and in respect of the chief executive of the Commission.

Grants to the Commission and power to borrow.

Accounts and audits.

Industrial relations officers and advisory service.

Rights commissioners.

The Rights Commissioner Service.

Objections and appeals.

Reference of dispute by Minister.

Divisions of Court.

Rights commissioners.

Rights commissioners.

Objections and appeals.

Prohibition on disclosure of information.

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Part III Industrial Relations Act, 1990

“worker”.

Establishment of the Commission.

Functions of the Commission.

Investigation of dispute by Court.

Procedure of the Commission.

The chief executive.

Superannuation and gratuities for and in respect of the chief executive of the Commission.

Grants to the Commission and power to borrow.

Accounts and audits.

Industrial relations officers and advisory service.

Rights commissioners.

The Rights Commissioner Service.

Objections and appeals.

Reference of dispute by Minister.

Divisions of Court.

Rights commissioners.

Rights commissioners.

Objections and appeals.

Prohibition on disclosure of information.

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