WRC Procedures
Workplace Relations Act
PART 4
Complaints and Disputes
Annotations:
Modifications (not altering text):
C2
References to “employee” and “employer” construed (27.07.2016) by European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), reg. 9(3)(a).
Presentation of complaint under Act of 2015
9. — …
(3) References to employee and employer in—
(a) Part 4 (other than section 41(1) and (2)) of the Act of 2015,
…
shall, in so far as they relate to a complaint by a posted worker against a contractor under this Regulation, be construed as references to the posted worker and contractor, respectively.
Editorial Notes:
E8
Rebuttable presumption in relation to proceedings under Part that there has been discrimination or indirect discrimination in relation to an employee provided (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 29(1) and (2), S.I. No. 435 of 2016.
E9
Presumption in relation to proceedings under Part that the worker concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned provided (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 20(3), S.I. No. 329 of 2015.
Mediation officers
38. (1) The Director General may, with the consent of the Minister appoint—
(a) such and so many of the members of staff of the Commission, and
(b) such and so many other persons,
as he or she considers appropriate to be a mediation officer or mediation officers for the purposes of this Act.
(2) An appointment under this section shall cease—
(a) if the Director General revokes the appointment in accordance with this section,
(b) in the case of a person appointed to be a mediation officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission, or
(c) in the case of an appointment that is for a fixed period, on the expiry of that period.
(3) The Director General may revoke an appointment under this section.
(4) A mediation officer shall be independent in the performance of his or her functions.
Case resolution without reference to adjudication officer
39. (1) (a) Subject to paragraph (b), the Director General may, where he or she is of the opinion that a complaint or dispute is capable of being resolved without being referred to an adjudication officer under section 41, refer the complaint or dispute for resolution to a mediation officer.
(b) The Director General shall not refer a complaint or dispute for resolution to a mediation officer if either of the parties to the complaint or dispute objects to its being so referred.
(2) Where a complaint or dispute is referred for resolution under this section the mediation officer concerned may—
(a) convene a meeting (in this section referred to as a “mediation conference”) in accordance with subsection (3) for the purpose of resolving the complaint or dispute, or
(b) employ such other means as he or she considers appropriate for the purpose of resolving the complaint or dispute.
(3) A mediation conference shall—
(a) take place at a time and place determined by the mediation officer,
(b) be attended by the mediation officer and the parties to the complaint concerned, and
(c) be conducted otherwise than in public.
(4) Where a complaint or dispute referred to a mediation officer under this section is resolved, whether by mediation or otherwise—
(a) the mediation officer concerned shall record in writing the terms of the resolution,
(b) each of the parties to the complaint or dispute concerned shall, if satisfied that it accurately represents the terms of the resolution, sign the record thereof, and
(c) the mediation officer concerned shall send the record as so signed to the Director General and give a copy thereof to each of the parties to the complaint or dispute, as the case may be.
(5) (a) Where a mediation officer has attempted (whether by convening a mediation conference or other means) to resolve a complaint or dispute referred to him or her under this section and such conference or the employment of those other means has not resulted in a resolution of the complaint or dispute, the mediation officer shall notify the parties to the complaint or dispute and the Director General in writing of that fact.
(b) The Director General shall, upon receiving a notification under paragraph (a), refer the complaint or dispute concerned for adjudication by an adjudication officer under section 41.
(6) The terms of a resolution of a complaint or dispute recorded in writing and signed by the parties to the complaint or dispute in accordance with subsection (4) shall be binding on the parties and if either party contravenes any such term, the contravention shall be actionable in any court of competent jurisdiction.
(7) The terms of a resolution referred to in subsection (4) shall not be disclosed by a mediation officer or by either party to the complaint or dispute concerned in any proceedings before a court (other than proceedings in respect of the contravention of the terms of the resolution), or otherwise.
(8) All communications (including communications during a mediation conference) by a mediation officer with the parties to a complaint or dispute referred for resolution under this section to him or her and all records and notes, including records and notes relating to a mediation conference held for the purposes of resolving any matter to which the complaint or dispute concerned relates, shall be confidential and shall not be disclosed in any proceedings before a court (other than proceedings in respect of a contravention of the terms of a resolution referred to in subsection (4) ), or otherwise.
(9) In this section—
“complaint” means a complaint presented to the Director General under section 41; and
“dispute” means a dispute referred to the Director General under section 41.
Annotations:
Modifications (not altering text):
C3
Application of section modified by Unfair Dismissals Act 1977 (10/1977), s. 8(1)(b); as substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1)(a), commenced as per subs. (4) by S.I. No. 410 of 2015.
[8. (1) (a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the employee to the Director General and, where such a claim is so referred, the Director General shall, subject to section 39 of the Act of 2015, refer the claim to an adjudication officer for adjudication by that officer.
(b) Section 39 of the Act of 2015 shall apply to a claim for redress referred to the Director General under paragraph (a) as it applies to a complaint presented or dispute referred to the Director General under section 41 of that Act, subject to the modification that references, in the said section 39, to a complaint or dispute shall be construed as references to a claim for redress so referred.
…]
Adjudication officers
40. (1) Subject to subsection (2), the Minister may appoint—
(a) such and so many of the members of the staff of the Commission, and
(b) such and so many other persons,
as he or she considers appropriate to be an adjudication officer or adjudication officers for the purposes of this Act.
(2) Subject to subsection (4) a person shall not be appointed under subsection (1)(b) to be an adjudication officer unless that person has been selected for the purpose of his or her being the subject of such an appointment following a competition conducted for that purpose.
(3) (a) Any person who, immediately before the commencement of this Part, was a rights commissioner appointed under subsection (1) of section 13 of the Act of 1969 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act.
(b) Any person who, immediately before the commencement of this Part, was an equality officer appointed under subsection (4) (inserted by section 30(d) of the Equality Act 2004) of section 75 of the Act of 1998 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act.
(4) Subsection (2) shall not apply in respect of the reappointment to be an adjudication officer of a person—
(a) appointed to be an adjudication officer in accordance with paragraph (b) of subsection (1) for a fixed term, or
(b) who, upon the commencement of this Part, stood appointed to be an adjudication officer for the purposes of this Act.
(5) An appointment under subsection (1) shall cease—
(a) if the Minister revokes the appointment in accordance with this section,
(b) in the case of a person appointed to be an adjudication officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission, or
(c) in the case of an appointment that is for a fixed period, on the expiry of that period.
(6) An appointment under subsection (3) shall cease—
(a) if the Minister revokes the appointment in accordance with this section,
(b) in the case of a person standing appointed to be an adjudication officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission,
(c) in the case of a person who, immediately before the commencement of this Part was—
(i) a rights commissioner appointed for a fixed period, or
(ii) an equality officer appointed for a fixed period,
on the day on which the person’s appointment as rights commissioner or equality officer, as the case may be, would, but for this Part, have ceased.
(7) The Minister may revoke an appointment under this section.
(8) An adjudication officer shall be independent in the performance of his or her functions.
(9) A reference in any enactment to a rights commissioner shall be construed as including a reference to an adjudication officer.
(10) F7[…]
Annotations:
Amendments:
F7
Deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(f), S.I. No. 411 of 2015.
Presentation of complaints and referral of disputes
41. (1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1or 2of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.
(2) An employee or an employer (in this Act also referred to as a “complainant”) or, where the complainant so consents, a specified person, may refer a dispute as to the entitlements of the employee under an enactment specified in Part 3 of Schedule 5 to the Director General, and, where a dispute is so referred, the Director General shall, subject to section 39, refer the dispute for adjudication by an adjudication officer.
(3) (a) An agency worker (in this Act also referred to as a “complainant”) within the meaning of the Act of 2012 or any trade union of which the agency worker is a member, with the consent of the agency worker, may present a complaint to the Director General that the hirer (within the meaning of that Act) of the agency worker has contravened section 11, 14 or 24 of that Act in relation to the agency worker, and where a complaint is so presented the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.
(b) References to employee and employer in the subsequent provisions of this Part shall, in so far as they relate to a complaint to which this subsection applies, be construed as references to agency worker within the meaning of the Act of 2012 and hirer within the meaning of that Act respectively.
F8[(3A) An employer or a trade union representative of an employer affected by an agreement specified in paragraph 29 of Part 1 of Schedule 5 may present a complaint to the Director General that an employer affected by the agreement has contravened the agreement and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.]
(4) The Director General shall refer for adjudication by an adjudication officer a complaint or dispute referred to him or her under paragraph (b) of subsection (3) of section 42 by the Labour Court.
(5) (a) An adjudication officer to whom a complaint or dispute is referred under this section shall—
(i) inquire into the complaint or dispute,
(ii) give the parties to the complaint or dispute an opportunity to—
(I) be heard by the adjudication officer, and
(II) present to the adjudication officer any evidence relevant to the complaint or dispute,
(iii) make a decision in relation to the complaint or dispute in accordance with the relevant redress provision, and
(iv) give the parties to the complaint or dispute a copy of that decision in writing.
(b) In this subsection “relevant redress provision” means—
(i) in relation to a complaint under this section of a contravention of a provision of an enactment specified in Part 1 or 2 of Schedule 5 the provision of that enactment specified in Part 1 of Schedule 6,
(ii) in relation to a dispute as to the entitlements of an employee under an enactment specified in Part 3 of Schedule 5, the provision of that enactment specified in Part 1 of Schedule 6, and
(iii) in relation to a complaint under subsection (3), paragraph 1 of Schedule 2 to the Act of 2012.
(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.
(7) Subject to subsection (8), an adjudication officer shall not entertain a dispute referred to him or her under this section if—
(a) in the case of a dispute relating to the entitlement of an adopting parent under the Act of 1995, it has been referred to the Director General after the expiration of the period of 6 months beginning on—
(i) the day of placement (within the meaning of that Act) or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the adopting parent’s intention to take leave under that Act (whether adoptive leave or additional adoptive leave, within the meaning of that Act), or
(ii) in the case of an adopting father, the date on which the adopting mother died,
(b) in the case of a dispute relating to the entitlement of an employee under the Carer’s Leave Act 2001, it has been referred to the Director General after the expiration of the period of 6 months beginning on the date of the contravention concerned,
(c) in the case of a dispute relating to the entitlement of an employee under the Act of 1994, it has been referred to the Director General after the expiration of the period of 6 months beginning on the date on which the employer is informed—
(i) that the employee is pregnant, has recently given birth or is breastfeeding,
(ii) in the case of an employee who is the expectant father of a child, that the expectant mother of the child is pregnant, or
(iii) in the case of an employee who is the father of a child who has been born, that the child’s mother has died,
(d) in the case of a dispute relating to the entitlement of an employee under the National Minimum Wage Act 2000, it has been referred to the Director General after the expiration of the period of 6 months beginning on—
(i) the date on which the employee obtains a statement of his or her average hourly rate of pay in respect of the relevant pay reference period in accordance with section 23 of that Act,
(ii) in circumstances where that statement is not provided having been requested by the employee to be provided to him or her, the day after the date of expiration of the time within which that statement was required to be provided by the employer in accordance with that section, or
(iii) in the case of a dispute to which section 25 of that Act applies, the date on which the employee’s hours of work were reduced or alleged to have been reduced, F9[…]
(e) in the case of a dispute relating to the entitlement of an employee under the Parental Leave Act 1998, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of the F10[the dispute, and]
F11[(f) in the case of a dispute relating to the entitlement of an employee under the Paternity Leave and Benefit Act 2016, it has been referred to the Director General after the expiration of the period of 6 months beginning on—
(i) in the case of an employee to whom paragraph (a) of the definition of relevant parent within the meaning of that Act applies, the day of placement within the meaning of that Act or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the relevant parent’s intention to take leave under that Act,
(ii) in the case of an employee to whom paragraph (b) of the definition of relevant parent within the meaning of that Act applies, the date on which the employer is informed that the expectant mother of the child concerned is pregnant, or
(iii) in the case of a surviving parent within the meaning of that Act, the date on which the employer is informed that the relevant adopting parent within the meaning of that Act or mother of the child, as the case may be, has died.]
(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.
(9) (a) A complaint to which this section applies shall be presented to the Director General under subsection (1) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.
(b) A dispute to which this section applies shall be referred to the Director General under subsection (2) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.
(c) The Director General shall cause a copy of the notice under paragraph (a) or (b) to be given to the other party to the complaint or dispute concerned.
(10) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.
(11) A person to whom a notice under subsection (10) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.
(12) A person to whom a notice under subsection (10) has been given who—
(a) fails or refuses to comply with the notice, or
(b) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,
shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.
(13) Proceedings under this section before an adjudication officer shall be conducted otherwise than in public.
(14) The Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision (other than information that would identify the parties in relation to whom the decision was made) of an adjudication officer under this section.
(15) (a) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute (including a complainant or such a respondent to whom paragraph (b) applies) may be accompanied and represented by—
(i) a trade union official within the meaning of section 11 of the Act of 1990,
(ii) an official of a body that, in the opinion of the adjudication officer, represents the interests of employers,
(iii) a practising barrister or practising solicitor, or
(iv) any other person, if the adjudication officer so permits.
(b) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute may, if he or she has not yet attained the age of 18 years, be accompanied and represented by his or her parent or guardian.
(16) An adjudication officer may, by notice in writing given to the parties to a complaint or dispute to which this section applies, correct any mistake (including any omission) of an administrative or clerical nature in a decision under this section in relation to that complaint or dispute.
F12[(17) The Minister may, by regulations, make provision in relation to any matter relating to—
(a) the presentation of a complaint, referral of a dispute or conduct of proceedings under this section, or
(b) the making of a claim for redress or conduct of proceedings under the Act of 1977,
that he or she considers appropriate.]
(18) In this section “specified person” means—
(a) in relation to a complaint, a person belonging to a class of persons who, immediately before the passing of this Act, would have been entitled to present a complaint on behalf of the complainant concerned under the employment enactment to which the first-mentioned complaint relates, and
(b) in relation to a dispute, a person belonging to a class of persons who, immediately before the passing of this Act, would have been entitled to refer a dispute on behalf of the complainant concerned under the employment enactment to which the first-mentioned dispute relates.
F8[(19) In this section, references to specified person for the purposes of a complaint in relation to a provision specified in—
(a) paragraph 29 or 30 of Part 1 of Schedule 5, or
(b) paragraph 11 of Part 2 of Schedule 5,
shall be construed as references to a trade union representative of the person entitled to present the complaint.]
Annotations:
Amendments:
F8
Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 24(b), S.I. No. 329 of 2015.
F9
Deleted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(a)(i), S.I. No. 435 of 2016.
F10
Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(a)(ii), S.I. No. 435 of 2016.
F11
Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(a)(iii), S.I. No. 435 of 2016.
F12
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(g), S.I. No. 411 of 2015.
Modifications (not altering text):
C4
Application of section modified (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 28(1), S.I. No. 435 of 2016.
Decision under section 41 or 44 of Act of 2015
28. (1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part 2 or 3 (or any matter arising out of or related to such entitlement) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the adjudication officer may order—
(a) the grant of leave to the employee for such period as may be so specified,
(b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 2 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed by the Minister for Jobs, Enterprise and Innovation, as the adjudication officer considers just and equitable having regard to all of the circumstances, or
(c) both such grant and such award.
…
C5
Application of section affected (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 23, S.I. No. 329 of 2015.
Decision of adjudication officer under section 41 of Act of 2015
23. (1) This section applies to a decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of—
(a) subsection (1) of section 20 ,
(b) a registered employment agreement (within the meaning of Chapter 2), or
(c) a sectoral employment order (within the meaning of Chapter 3).
(2) A decision of an adjudication officer to which this section applies shall do one or more of the following, namely—
(a) declare that the complaint was or, as the case may be, was not well founded,
(b) require the employer to comply with the provision in respect of which the complaint concerned relates and, for that purpose, require the employer to take a specified course of action, or
(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding 104 weeks’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977,
and the references in the foregoing paragraphs to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurs, as references to the person who, by virtue of the change, becomes entitled to such ownership.
(3) A decision of the Court under section 44 of the Act of 2015, on appeal from a decision of an adjudication officer to which this section applies, shall affirm, vary or set aside the decision of the adjudication officer.
Editorial Notes:
E10
“Relevant redress provisions” for purposes of subs. (5) prescribed (27.07.2016) by European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), reg. 9(4).
Dismissal of claim by adjudication officer
42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious.
(2) (a) A person whose complaint or dispute is dismissed in accordance with this section may, not later than 42 days from its dismissal, appeal the dismissal to the Labour Court.
(b) A person shall, when bringing an appeal under this subsection, give notice to the Commission in writing of the bringing of the appeal.
(c) A notice referred to in paragraph (b) shall specify the grounds upon which the appeal is brought.
(3) Upon the hearing of an appeal under this section, the Labour Court may—
(a) affirm the decision of the adjudication officer dismissing the complaint or dispute concerned, or
(b) annul that decision and refer the complaint or dispute to the Director General.
Disposal of complaints by written submissions only
47. (1) The Director General may, where he or she considers that a complaint presented, or dispute referred, to him or her under section 41 may be dealt with by written submissions only, inform the parties to the complaint or dispute, by notification in writing, of his or her intention to deal with the complaint or dispute in that manner.
(2) Where a party to a complaint presented, or dispute referred, to the Director General under section 41 is given a notification under subsection (1) and, not later than 42 days after having been given the notification, that party informs the Director General that he or she objects to the complaint or dispute being dealt with in the manner specified in the notification, the Director General shall not deal with the complaint or dispute concerned in that manner.
(3) The Labour Court may, where it considers that an appeal under section 44 may be dealt with by written submissions only, inform the parties to the appeal, by notification in writing, of its intention to deal with the appeal in that manner.
(4) Where a party to an appeal under section 44 is given a notification under subsection (3) and, not later than 42 days after having been given the notification, he or she informs the Labour Court that he or she objects to the appeal being dealt with in the manner specified in the notification, the Labour Court shall not deal with the appeal in that manner.
Striking out of cases that are not pursued
48. (1) Where a complaint is presented to the Director General under section 41, the Director General may strike out the complaint where he or she is satisfied that the complainant has not pursued the complaint within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.
(2) Where a decision of an adjudication officer is appealed to the Labour Court under section 44, the Labour Court may strike out the appeal if it is satisfied that the appellant has not pursued the appeal within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.
(3) The Director General shall, as soon as may be after he or she strikes out a complaint in accordance with this section, notify the complainant and respondent to the complaint in writing of the striking out of the complaint.
(4) The Labour Court shall, as soon as may be after he or she strikes out an appeal in accordance with this section, notify the appellant and respondent to the appeal in writing of the striking out of the appeal.
(5) Where a complaint or appeal is struck out under this section, the complainant or appellant shall not be entitled to prosecute the proceedings any further.
Provisions relating to winding up and bankruptcy
49. (1)There shall be included among the debts that, under section 285 of the Companies Act 1963 or section 621 of the Companies Act 2014 are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of this Part by the company to an employee, and the said section 285 or 621, as may be appropriate, 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 provision is otherwise made in relation thereto under the Companies Act 1963 or the Companies Act 2014, as may be appropriate.
(2) There shall be included among the debts that, 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 compensation payable by virtue of this Part by the bankrupt or arranging debtor, as the case may be, to an employee, and that section 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 provision is otherwise made in relation thereto under that Act.
Amendment of section 20 of Act of 1946
50. Section 20 of the Act of 1946 is amended by the insertion of the following subsection:
“(5A) Without prejudice to the generality of subsection (5), rules under that subsection may make provision in relation to any or all of the following matters:
(a) the bringing of appeals to the Court under Part 4 of the Workplace Relations Act 2015;
(b) the hearing of appeals by the Court undersection 28 of that Act or the said Part 4;
(c) the times and places of hearings of such appeals;
(d) the representation of the parties at the hearing of such appeals;
(e) the notification and publication of decisions of the Labour Court on the hearing of such appeals;
(f) the giving of notice of appeal from decisions of adjudication officers;
(g) any matters consequential on, or incidental to, any of the foregoing matters.”.
Offence to fail or refuse to pay compensation
51. (1) It shall be an offence for a person to fail to comply with an order under section 43 or 45 directing an employer to pay compensation to an employee.
(2) It shall be a defence to proceedings for an offence under this section for the defendant to prove on the balance of probabilities that he or she was unable to comply with the order due to his or her financial circumstances.
(3) A person guilty of an offence under this section shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.
Amendment of enactments
52. (1) The enactments specified in column (3) of Part 1 of Schedule 7 are amended to the extent specified in column (4) of that Part.
(2) The enactments specified in column (3) of Part 2 of Schedule 7 are amended to the extent specified in column (4) of that Part.
(3) Subject to section 53, the amendment effected by this section of the enactments specified in column (3) of Part 1, and column (3) of Part 2, of Schedule 7shall not apply in relation to complaints or disputes made, presented or referred to a rights commissioner or the Employment Appeals Tribunal under any such enactment before the commencement of this Part.
Certain decisions and recommendations of rights commissioners appealable to Labour Court under section 44
F13[53. (1) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2) or (4) of section 8 applies was made by a rights commissioner before the commencement of this Part and no appeal was brought from the decision or recommendation before such commencement, the decision or recommendation shall be appealable to the Labour Court under section 44 as if the decision or recommendation were a decision of an adjudication officer under section 41.
(2) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2) or (4) of section 8 applies was not made before the commencement of this Part, any decision or recommendation made by a rights commissioner in relation to the complaint or dispute after such commencement shall be appealable to the Labour Court under section 44 as if the decision were a decision of an adjudication officer under section 41.]
Annotations:
Amendments:
F13
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(h), S.I. No. 411 of 2015.
F14[Performance of functions of rights commissioners after commencement of this Part
53A. The functions standing vested in a rights commissioner immediately before the commencement of this Part shall, in relation to complaints or disputes referred to in subsection (2) or (4) of section 8 or subsection (3) of section 52, continue to be performable after such commencement by a person who immediately before such commencement was a rights commissioner.]
Annotations:
Amendments:
F14
Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(i), S.I. No. 411 of 2015.
SCHEDULE 1
Employment Enactments
Section 2
Part 1
Acts of the Oireachtas
1. Payment of Wages Act 1991
2. Adoptive Leave Act 1995
3. Protection of Young Persons (Employment) Act 1996
4. Transnational Information and Consultation of Employees Act 1996
5. Organisation of Working Time Act 1997
6. Parental Leave Act 1998
7. National Minimum Wage Act 2000
8. Carer’s Leave Act 2001
9. Protection of Employees (Part-Time Work) Act 2001
10. Protection of Employees (Fixed-Term Work) Act 2003
11. Maternity Protection Acts 1994 and 2004
12. Minimum Notice and Terms of Employment Acts 1973 to 2005
13. Employees (Provision of Information and Consultation) Act 2006
14. Unfair Dismissals Acts 1977 to 2007
15. Employment Equality Acts 1998 to 2011
16. Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012
17. Protection of Employees (Temporary Agency Work) Act 2012
18. Redundancy Payments Acts 1967 to 2014
19. Protection of Employment Acts 1977 to 2014
20. Terms of Employment (Information) Acts 1994 to 2014
F25[21. Paternity Leave and Benefit Act 2016]
Annotations:
Amendments:
F25
Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 37(b), S.I. No. 435 of 2016.
Part 2
Provisions of Acts of Oireachtas
1. Part IV of the Industrial Relations Act 1946
2. Section 4(1) of the Protections for Persons Reporting Child Abuse Act 1998
3. Section 8A(5) of the Prevention of Corruption (Amendment) Act 2001
4. Section 50 of the Competition Act 2002
F26[5. Section 26(3) of the Employment Permits Act 2006]
6. Section 8 of the Industrial Relations (Miscellaneous Provisions) Act 2004
7. Section 55M(1) of the Health Act 2004
8. Section 27 of the Safety, Health and Welfare at Work Act 2005
9. Section 87 of the Consumer Protection Act 2007
10. Section 26(1) of the Chemicals Act 2008
11. Section 62(1) of the Charities Act 2009
12. Section 223(3) of the National Asset Management Agency Act 2009
13. Section 38 of the Inland Fisheries Act 2010
14. Section 20(1) of the Criminal Justice Act 2011
15. Section 67(5) of the Property Services (Regulation) Act 2011
16. Section 35 of the Further Education and Training Act 2013
17. Section 41(1) of the Central Bank (Supervision and Enforcement) Act 2013
18. Section 12(1) of the Protected Disclosures Act 2014
F27[19. Part 2 of the Industrial Relations (Amendment) Act 2015]
Annotations:
Amendments:
F26
Substituted (8.02.2016) by Credit Guarantee (Amendment) Act 2016 (1/2016), s. 19(b), commenced on enactment.
F27
Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 24(c), S.I. No. 329 of 2015.
Part 3
Statutory Instruments
1. European Communities (Parental Leave) Regulations 2000 (S.I. No. 231 of 2000)
2. European Communities (Protection of Employment) Regulations 2000 (S.I. No. 488 of 2000)
3. European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)
4. European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 (S.I. No. 494 of 2004)
5. Organisation of Working Time (Inclusion of Transport Activities) Regulations 2004 (S.I. No. 817 of 2004)
6. Organisation of Working Time (Inclusion of Offshore Work) Regulations 2004 (S.I. No. 819 of 2004)
7. European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006)
8. European Communities (European Public Limited – Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006)
9. European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007)
10. Regulation 9(4) of the European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007)
11. European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008)
12. European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross-border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009)
13. European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of 2012)
F28[14.European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016)]
Annotations:
Amendments:
F28
Inserted (27.07.2016) by European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), reg. 12.
Workplace Relations (Miscellaneous Provisions) Act 2021
Definitions
1. In this Act—
“Act of 2015” means the Workplace Relations Act 2015 ;
“Minister” means the Minister for Enterprise, Trade and Employment.
Amendment of section 7 of Act of 2015
2. Section 7 of the Act of 2015 is amended, in subsection (1), by the substitution of “under section 41(12), 41(12A)(b) or 51” for “under section 51”.
Amendment of section 40 of Act of 2015
3. Section 40 of the Act of 2015 is amended—
(a) by the insertion of the following subsection after subsection (1):
“(1A) A person shall not be eligible for appointment under subsection (1) to be an adjudication officer where one or more of subparagraphs (i) to (iv) of subsection (6)(d) apply to the person.”,
(b) in subsection (5)—
(i) by the substitution, in paragraph (a), of “if the Government” for “if the Minister”,
(ii) by the substitution, in paragraph (b), of “staff of the Commission,” for “staff of the Commission, or”,
(iii) by the substitution, in paragraph (c), of “expiry of that period, or” for “expiry of that period.”, and
(iv) by the insertion of the following paragraph after paragraph (c):
“(d) if the adjudication officer concerned—
(i) is convicted on indictment of an offence,
(ii) is convicted of an offence involving fraud or dishonesty,
(iii) has a declaration made against him or her under section 819 of the Companies Act 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or
(iv) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 whether by virtue of that Chapter or of any other provision of that Act.”,
(c) in subsection (6)—
(i) by the substitution, in paragraph (a), of “if the Government” for “if the Minister”,
(ii) by the substitution, in paragraph (c), of “have ceased, or” for “have ceased.”, and
(iii) by the insertion of the following paragraph after paragraph (c):
“(d) if the adjudication officer concerned—
(i) is convicted on indictment of an offence,
(ii) is convicted of an offence involving fraud or dishonesty,
(iii) has a declaration made against him or her under section 819 of the Companies Act 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or
(iv) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 whether by virtue of that Chapter or of any other provision of that Act.”,
and
(d) by the substitution of the following subsection for subsection (7):
“(7) (a) The Government may revoke an appointment under this section if the Government is satisfied that one or more of the grounds specified in paragraph (b) apply to the adjudication officer.
(b) The grounds referred to in paragraph (a) are as follows, namely that an adjudication officer:
(i) has become incapable through ill-health of performing his or her functions;
(ii) has engaged in serious misconduct;
(iii) has failed without reasonable cause, in the opinion of the Government, to perform his or her functions for a continuous period of at least 3 months beginning not earlier than 6 months before the date of the giving of the notice under paragraph (c);
(iv) has contravened to a material extent a provision of the Ethics in Public Office Acts 1995 and 2001 that, by virtue of a regulation under section 3 of the Ethics in Public Office Act 1995 , applies to him or her.
(c) Where the Government proposes to revoke the appointment of an adjudication officer under paragraph (a), they shall give notice in writing to the adjudication officer concerned of the proposal.
(d) A notice under paragraph (c) shall include a statement—
(i) of the reasons for the proposed revocation of appointment,
(ii) that the adjudication officer may, within a period of 30 working days from the giving of the notice or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government, as to why the adjudication officer should not have his or her appointment revoked, and
(iii) that where no representations are received within the period referred to in subparagraph (ii) or the period specified in the notice, as the case may be, the Government shall, without further notice to the adjudication officer, proceed with the revocation of the appointment of the adjudication officer in accordance with this subsection.
(e) In considering whether to revoke the appointment of an adjudication officer under paragraph (a), the Government shall take into account—
(i) any representations made by the adjudication officer under paragraph (d)(ii) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and
(ii) any other matter the Government considers relevant for the purpose of their decision.
(f) Where, having taken into account the matters referred to in paragraph (e), the Government decide to revoke the appointment of an adjudication officer, they shall give notice in writing to the adjudication officer of the decision and the reasons for that decision.”.
Amendment of section 41 of Act of 2015
4. Section 41 of the Act of 2015 is amended—
(a) by the insertion of the following subsection after subsection (12):
“(12A) (a) An adjudication officer may require a person giving evidence in proceedings under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.
(b) A person who, in or for the purpose of proceedings under this section, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.”,
(b) by the substitution of the following subsection for subsection (13):
“(13) Proceedings under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of a party to the proceedings, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.”,
and
(c) by the substitution of the following subsection for subsection (14):
“(14) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.
(b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the decision was made should not be published by the Commission.”.
Amendment of section 43 of Act of 2015
5. Section 43 of the Act of 2015 is amended—
(a) in subsection (1), by the deletion of “the employer or”, and
(b) by the insertion of the following subsection after subsection (5):
“(6) An application under this section to the District Court shall be made on notice to the employer concerned.”.
Amendment of Industrial Relations Act 1946
6. The Industrial Relations Act 1946 is amended—
(a) in section 10, by the insertion of the following subsection after subsection (12):
“(13) The chairman and the ordinary members shall be independent in the performance of their functions.”,
and
(b) in section 21—
(i) in subsection (1), by the substitution of “this Act, the Redundancy Payments Act 1967 , the Unfair Dismissals Act 1977 , the Protection of Employees (Employers’ Insolvency) Act 1984 or Part 4 of the Workplace Relations Act 2015 , or any investigation under the Employment Equality Act 1998 or the Industrial Relations (Amendment) Act 2001 ” for “this Act, the Unfair Dismissals Act 1977 or Part 4 of the Workplace Relations Act 2015 , or any investigation under the Industrial Relations (Amendment) Act 2001 ”, and
(ii) by the insertion of the following subsection after subsection (3):
“(3A) A person who, in or for the purpose of proceedings before the Court, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.”.
Amendment of section 39 of Redundancy Payments Act 1967
7. Section 39 of the Redundancy Payments Act 1967 is amended by the insertion of the following subsections after subsection (17):
“(17A) Proceedings in relation to any matter referred to an adjudication officer under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of the employee or employer, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.
(17B) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.
(b) In publishing a decision under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the employee or employer in relation to whom the decision was made should not be published by the Commission.”.
Amendment of section 4 of Industrial Relations Act 1969
8. Section 4 of the Industrial Relations Act 1969 is amended by the insertion of the following subsection after subsection (7):
“(8) A deputy chairman shall be independent in the performance of his or her functions.”.
Amendment of section 8 of Unfair Dismissals Act 1977
9. Section 8 of the Unfair Dismissals Act 1977 is amended—
(a) by the substitution of the following subsection for subsection (6):
“(6) Proceedings under this section before an adjudication officer shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of a party to the proceedings, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.”,
and
(b) by the insertion of the following subsection after subsection (13):
“(14) (a) An adjudication officer may require a person giving evidence in proceedings under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.
(b) A person who, in or for the purpose of proceedings under this section, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.”.
Amendment of section 9 of Protection of Employees (Employers’ Insolvency) Act 1984
10. Section 9 of the Protection of Employees (Employers’ Insolvency) Act 1984 is amended by the insertion of the following subsections after subsection (4):
“(4A) (a) An adjudication officer may require a person giving evidence in proceedings in relation to a complaint under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.
(b) A person who, in or for the purpose of proceedings in relation to a complaint under this section, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.
(4B) (a) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings in relation to a complaint under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.
(b) A person to whom a notice under paragraph (a) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.
(c) A notice under paragraph (a) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he or she ordinarily resides.
(d) A person to whom a notice under paragraph (a) has been given who—
(i) fails or refuses to comply with the notice, or
(ii) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,
shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.
(4C) Proceedings in relation to a complaint under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf of a party to the proceedings, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.
(4D) (a) Subject to paragraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every declaration of an adjudication officer under this section.
(b) In publishing a declaration under paragraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the declaration was made should not be published by the Commission.
(4E) The Minister may, by regulations, make provision in relation to any matter relating to the presentation of, the referral of, or the hearing of a complaint under this section that he or she considers appropriate.”.
Amendment of section 79 of Employment Equality Act 1998
11. Section 79 of the Employment Equality Act 1998 is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) An investigation under this section shall be held in public unless the Director General of the Workplace Relations Commission, of his or her own motion or upon the application by or on behalf of any party, determines that, due to the existence of special circumstances, the investigation (or part thereof) should be held otherwise than in public.”,
and
(b) by the insertion of the following subsection after subsection (7):
“(8) (a) The Director General of the Workplace Relations Commission may require a person giving evidence in an investigation under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.
(b) A person who, in or for the purpose of an investigation under this section, gives a statement material in the investigation while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.”.
Amendment of section 25 of Equal Status Act 2000
12. Section 25 of the Equal Status Act 2000 is amended—
(a) by the substitution of the following subsection for subsection (2):
“(2) An investigation under this section shall be held in public unless the Director General of the Workplace Relations Commission, of his or her own motion or upon the application by or on behalf of any party, determines that, due to the existence of special circumstances, the investigation (or part thereof) should be held otherwise than in public.”,
and
(b) by the insertion of the following subsection after subsection (2A):
“(2B) (a) The Director General of the Workplace Relations Commission may require a person giving evidence in an investigation under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.
(b) A person who, in or for the purpose of an investigation under this section, gives a statement material in the investigation while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—
(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.”.
Review of operation of Act
13. (1) The Minister shall—
(a) not later than 12 months after this section comes into operation, commence a review of the operation of the amendments to:
(i) the Act of 2015 effected by section 4 (b) and (c);
(ii) the Redundancy Payments Act 1967 effected by section 7 ,
(iii) the Unfair Dismissals Act 1977 effected by section 9 (a);
(iv) the Protection of Employees (Employers’ Insolvency) Act 1984 effected by section 10 , in so far as it relates to the insertion, in section 9 of the said Act, of subsections (4C) and (4D);
(v) the Employment Equality Act 1998 effected by section 11 (a);
(vi) the Equal Status Act 2000 effected by section 12 (a),
and
(b) not later than 12 months after the commencement of the said review, make a report to each House of the Oireachtas of the findings made on the review and of the conclusions drawn from the findings.
(2) In carrying out the review referred to in subsection (1), the Minister shall consult with such other Ministers of the Government as he or she considers appropriate.
Short title and commencement
14. (1) This Act may be cited as the Workplace Relations (Miscellaneous Provisions) Act 2021.
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.