Workplace Relations Act 2015

Workplace Relations Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 Workplace Relations Act 2015 Workplace Relations Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 16 of 2015 WORKPLACE RELATIONS ACT 2015 PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Construction of references to employer and employee 4. Regulations 5. Expenses 6. Service of documents 7. Offences 8. Repeals and Revocations PART 2 Workplace Relations Commission 9. Establishment day 10. Establishment of Commission 11. Functions of Commission 12. Director General of Workplace Relations Commission 13. Resignation, removal or disqualification of Director General 14. Functions of Director General 15. Consultation by Director General with Board 16. Delegation of functions of Director General 17. Accountability of Director General to committees of Houses of Oireachtas 18. Membership of either House of Oireachtas or European Parliament 19. Acting Director General 20. Codes of practice 21. Strategy statement 22. Work programme 23. Reports to Minister 24. Staff of Commission 25. Registrar of Commission PART 3 Enforcement 26. Inspectors 27. Powers of inspectors 28. Compliance notice 29. Report of inspector admissible in evidence 30. Inspection of employer’s records pursuant to direction of Labour Court 31. Disclosure of certain information 32. Disclosure of information relating to offences 33. Disclosure of certain information to or by contracting authority 34. Administrative cooperation by Commission and official bodies 35. Administrative cooperation with foreign statutory bodies on law enforcement matters 36. Fixed payment notices 37. Prosecution of offence under relevant enactments PART 4 Complaints and Disputes 38. Mediation officers 39. Case resolution without reference to adjudication officer 40. Adjudication officers 41. Presentation of complaints and referral of disputes 42. Dismissal of claim by adjudication officer 43. Enforcement of decision of adjudication officer 44. Appeal to Labour Court from decision of adjudication officer 45. Enforcement of decision of Labour Court 46. Appeal to High Court on point of law 47. Disposal of complaints by written submissions only 48. Striking out of cases that are not pursued 49. Provisions relating to winding up and bankruptcy 50. Amendment of section 20 of Act of 1946 51. Offence to fail or refuse to pay compensation 52. Amendment of enactments 53. Certain decisions and recommendations of rights commissioners appealable to Labour Court under section 44 PART 5 Dissolution of Labour Relations Commission 54. Definition 55. Dissolution day for purposes of this Part 56. Dissolution of Labour Relations Commission 57. Transfer of functions from Labour Relations Commission to Commission 58. Transfer of property of Labour Relations Commission to Commission 59. Transfer of rights and liabilities of Labour Relations Commission to Commission 60. Liability for loss occurring before dissolution day 61. Provisions consequent upon transfer of functions, property, rights and liabilities to Commission 62. Final accounts and final annual report of Labour Relations Commission PART 6 Dissolution of Employment Appeals Tribunal 63. Definition 64. Dissolution day for purposes of this Part 65. Dissolution of Employment Appeals Tribunal 66. Transfer of functions from Employment Appeals Tribunal 67. Transfer of property of Employment Appeals Tribunal to Labour Court 68. Transfer of rights and liabilities of Employment Appeals Tribunal to Labour Court 69. Liability for loss occurring before dissolution day 70. Provisions consequent upon transfer of functions, property, rights and liabilities PART 7 Miscellaneous 71. Fees 72. Forgery of documents 73. Prohibition on unauthorised disclosure of confidential information 74. Amendment of section 21 of Act of 1946 75. Amendment of section 10 of Act of 1946 76. Amendment of Act of 1967 77. Amendment of section 2 of Act of 1969 78. Certain functions of Labour Court performable by chairman or deputy chairman of Labour Court 79. Amendment of section 4 of Act of 1969 80. Amendment of Act of 1977 81. Amendment of Protection of Employees (Employers’ Insolvency) Act 1984 82. Amendment of Part VII of Pensions Act 1990 83. Amendment of Act of 1998 84. Amendment of Equal Status Act 2000 85. Amendment of section 5 of Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 86. Other amendments SCHEDULE 1 Employment Enactments PART 1 Acts of the Oireachtas PART 2 Provisions of Acts of Oireachtas PART 3 Statutory Instruments SCHEDULE 2 Repeals and Revocations PART 1 Acts of the Oireachtas PART 2 Statutory Instruments SCHEDULE 3 Workplace Relations Commission SCHEDULE 4 Enactments Specified for Purposes of section 28 SCHEDULE 5 Provisions and Enactments Specified for Purposes of Part 4 PART 1 PART 2 PART 3 SCHEDULE 6 Relevant Redress Provision PART 1 Decisions of Adjudication Officers PART 2 Decisions of Labour Court SCHEDULE 7 PART 1 Amendment of Acts of the Oireachtas PART 2 Amendment of Statutory Instruments Acts Referred to Adoptive Leave Act 1995 (No. 2) Bankruptcy Act 1988 (No. 27) Carer’s Leave Act 2001 (No. 19) Central Bank (Supervision and Enforcement) Act 2013 (No. 26) Charities Act 2009 (No. 6) Chemicals Act 2008 (No. 13) Civil Service Regulation Act 1956 (No. 46) Civil Service Regulation Acts 1956 to 2005 Companies Act 1963 (No. 33) Companies Act 1990 (No. 33) Companies Act 2014 (No. 38) Companies Acts Competition Act 2002 (No. 14) Consumer Protection Act 2007 (No. 19) Courts Act 1981 (No. 11) Criminal Justice Act 2011 (No. 22) Employees (Provision of Information and Consultation) Act 2006 (No. 9) Employment Equality Act 1998 (No. 21) Employment Equality Acts 1998 to 2011 Employment Permits Act 2003 (No. 7) Employment Permits Act 2006 (No. 16) Equal Status Act 2000 (No. 8) Equality Act 2004 (No. 24) European Parliament Elections Act 1997 (No. 2) Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41) Financial Emergency Measures in the Public Interest Act 2013 (No. 18) Further Education and Training Act 2013 (No. 25) Health Act 2004 (No. 42) Industrial Relations (Amendment) Act 2001 (No. 11) Industrial Relations (Amendment) Act 2012 (No. 32) Industrial Relations (Miscellaneous Provisions) Act 2004 (No. 4) Industrial Relations Act 1946 (No. 26) Industrial Relations Act 1969 (No. 14) Industrial Relations Act 1976 (No. 15) Industrial Relations Act 1990 (No. 19) Inland Fisheries Act 2010 (No. 10) Interpretation Act 2005 (No. 23) Local Government Act 2001 (No. 37) Maternity Protection Act 1994 (No. 34) Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Act 1973 (No. 4) Minimum Notice and Terms of Employment Acts 1973 to 2005 National Asset Management Agency Act 2009 (No. 34) National Minimum Wage Act 2000 (No. 5) Organisation of Working Time Act 1997 (No. 20) Parental Leave Act 1998 (No. 30) Payment of Wages Act 1991 (No. 25) Pensions Act 1990 (No. 25) Prevention of Corruption (Amendment) Act 2001 (No. 27) Property Services (Regulation) Act 2011 (No. 40) Protected Disclosures Act 2014 (No. 14) Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21) Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012 Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Protection of Employees (Temporary Agency Work) Act 2012 (No. 13) Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27) Protection of Employment Act 1977 (No. 7) Protection of Employment Acts 1977 to 2014 Protection of Young Persons (Employment) Act 1996 (No. 16) Protections for Persons Reporting Child Abuse Act 1998 (No. 49) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Redundancy Payments Act 1967 (No. 21) Redundancy Payments Act 1971 (No. 20) Redundancy Payments Act 1979 (No. 7) Redundancy Payments Acts 1967 to 2014 Safety, Health and Welfare at Work Act 2005 (No. 10) Social Welfare (Miscellaneous Provisions) Act 2003 (No. 4) Social Welfare (Miscellaneous Provisions) Act 2004 (No. 9) Social Welfare and Pensions Act 2007 (No. 8) Social Welfare Consolidation Act 2005 (No. 26) Taxes Consolidation Act 1997 (No. 39) Terms of Employment (Information) Act 1994 (No. 5) Terms of Employment (Information) Acts 1994 to 2014 Trade Union Act 1941 (No. 22) Transnational Information and Consultation of Employees Act 1996 (No. 20) Unfair Dismissals (Amendment) Act 1993 (No. 22) Unfair Dismissals Act 1977 (No. 10) Unfair Dismissals Acts 1977 to 2007 Number 16 of 2015 WORKPLACE RELATIONS ACT 2015 An Act to make provision as respects the resolution, mediation and adjudication of disputes and complaints relating to contraventions of, or entitlements under, certain enactments governing the employment relationship between employers and employees; for that purpose, to provide for the establishment of a body to be known as the Workplace Relations Commission; to provide for the dissolution of the Labour Relations Commission and the transfer of its functions to the aforementioned body; to provide for the dissolution of the Employment Appeals Tribunal and the transfer of its first instance functions to the aforementioned body and its appellate functions to the Labour Court; to provide for the transfer of the functions of the Director of the Equality Tribunal to the aforementioned body; to provide for the repeal of certain enactments; to provide for the amendment of certain enactments; and to provide for matters connected therewith. [20 th May, 2015] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Workplace Relations Act 2015. (2) Subject to subsection (7) of section 8 , this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2. In this Act— “Act of 1946” means the Industrial Relations Act 1946 ; “Act of 1967” means the Redundancy Payments Act 1967 ; “Act of 1969” means the Industrial Relations Act 1969 ; “Act of 1977” means the Unfair Dismissals Act 1977 ; “Act of 1981” means the Courts Act 1981 ; “Act of 1990” means the Industrial Relations Act 1990 ; “Act of 1994” means the Maternity Protection Act 1994 ; “Act of 1995” means the Adoptive Leave Act 1995 ; “Act of 1998” means the Employment Equality Act 1998 ; “Act of 2000” means the Equal Status Act 2000 ; “Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004 ; “Act of 2005” means the Social Welfare Consolidation Act 2005 ; “Act of 2007” means the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 ; “Act of 2012” means the Protection of Employees (Temporary Agency Work) Act 2012 ; “adjudication officer” means a person appointed under section 40 ; “Board” has the meaning assigned to it by paragraph 2(1) of Schedule 3; “Commission” has the meaning assigned to it by section 10 ; “complainant” has the meaning assigned to it by section 41 ; “Director General” has the meaning assigned to it by section 12 ; “employee” and “employer” shall be construed in accordance with section 3 ; “Employment Appeals Tribunal” means the body established by section 39 of the Act of 1967; “employment enactment” means— (a) an Act of the Oireachtas specified in Part 1 of Schedule 1 or an instrument under such an Act of the Oireachtas, (b) a provision specified in Part 2 of that Schedule, or (c) an instrument specified in Part 3 of that Schedule; “enactment” has the same meaning as it has in the Interpretation Act 2005 ; “establishment day” shall be construed in accordance with section 9 ; “excepted body” has the same meaning as it has in section 6 of the Trade Union Act 1941 ; “inspector” means a person appointed under section 26 ; “Labour Court” means the body established by section 10 of the Act of 1946; “Labour Relations Commission” means the body established by section 24 of the Act of 1990; “local authority” has the same meaning as it has in the Local Government Act 2001 ; “mediation officer” means a person appointed under section 38 ; “Minister” means the Minister for Jobs, Enterprise and Innovation; “official body” means— (a) the Garda Síochána, (b) the Revenue Commissioners, (c) a Minister of the Government, (d) the Director of Corporate Enforcement, (e) the Health and Safety Authority, (f) the Private Security Authority, (g) the Road Safety Authority, (h) the Pensions Authority, (i) the Pensions Ombudsman, (j) the Competition and Consumer Protection Commission, (k) a local authority, (l) the Labour Court, (m) the Employment Appeals Tribunal, (n) the Health Information and Quality Authority, or (o) any other person charged by law with the detection, investigation or prosecution of offences; “prescribed” means prescribed by regulations made by the Minister; “record” includes, in addition to a record in writing— (a) a plan, chart, map, drawing, diagram, pictorial or graphic image, (b) a disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form, (c) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and (d) a photograph; “relevant enactment” means— (a) an employment enactment, (b) Part VII (inserted by section 22 of the Social Welfare (Miscellaneous Provisions) Act 2004 ) of the Pensions Act 1990 , or (c) the Act of 2000. Construction of references to employer and employee 3. (1) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to a relevant enactment or provision thereof— (a) references in this Act to employer shall be construed as references to employer within the meaning of the relevant enactment or provision concerned, and (b) references in this Act to employee shall be construed as references to employee within such meaning. (2) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1946, references in this Act to employee shall be construed as references to worker within the meaning of the Act of 1946. (3) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1994, references in this Act to employer shall be construed as references to relevant employer within the meaning of Part V of the Act of 1994. (4) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1995— (a) references in this Act to employer shall be construed as references to relevant employer within the meaning of Part V of the Act of 1995, and (b) references in this Act to employee shall be construed as references to adopting parent within such meaning. (5) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Inland Fisheries Act 2010 (in this subsection referred to as the “Act of 2010”), references in this Act to employer shall be construed as references to IFI within the meaning of the Act of 2010. (6) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 ( S.I. No. 507 of 2006 ), references in this Act to employee shall be construed as references to crew member within the meaning of those Regulations. (7) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (European Public Limited - Liability Company) (Employee Involvement) Regulations 2006 ( S.I. No. 623 of 2006 )— (a) references in this Act to employer shall be construed as references to SE within the meaning of those Regulations or relevant undertaking within the meaning of Part 3 of those Regulations, as may be appropriate, and (b) references in this Act to employee shall be construed as references to a person referred to in subparagraph (a), (b), (c) or (d) of Regulation 19(1) of those Regulations. (8) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 ( S.I. No. 259 of 2007 )— (a) references in this Act to employer shall be construed as references to SCE within the meaning of those Regulations or relevant undertaking within the meaning of Part 3 of those Regulations, as may be appropriate, and (b) references in this Act to employee shall be construed as references to a person referred to in subparagraph (a), (b), (c) or (d) of Regulation 20(1) of those Regulations. (9) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Cross-Border Mergers) Regulations 2008 ( S.I. No. 157 of 2008 )— (a) references in this Act to employer shall be construed as references to relevant company within the meaning of Chapter 4 of Part 3 of those Regulations, and (b) references in this Act to employee shall be construed as references to a person referred to in subparagraph (a), (b), (c) or (d) of Regulation 39(1) of those Regulations. (10) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the 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 ), references in this Act to employee shall be construed as references to mobile worker within the meaning of those Regulations. (11) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 ( S.I. No. 36 of 2012 ), references in this Act to employee shall be construed as references to mobile worker within the meaning of those Regulations. Regulations 4. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses 5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Service of documents 6. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or (d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner. (2) For the purpose of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. Offences 7. (1) A person guilty of an offence (other than an offence under section 51 ) under this Act shall be liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both. (2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (3) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commission. (4) Where a person is convicted of an offence under this Act the court shall order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing. Repeals and Revocations 8. (1) The enactments specified in column (3) of Part 1 of Schedule 2 are repealed to the extent specified in column (4) of that Part. (2) The repeals effected by subsection (1) shall not apply in respect of complaints or disputes made, presented or referred to a rights commissioner under an enactment specified in column (3) of Part 1 of Schedule 2 before the commencement of Part 4 . (3) The enactments specified in column (3) of Part 2 of Schedule 2 are revoked to the extent specified in column (4) of that Part. (4) The revocations effected by subsection (3) shall not apply in respect of complaints or disputes made, presented or referred to a rights commissioner under an enactment specified in column (3) of Part 2 of Schedule 2 before the commencement of Part 4 . (5) The repeal of sections 11 and 13 of the Minimum Notice and Terms of Employment Act 1973 effected by subsection (1) shall not apply in relation to a dispute referred to the Employment Appeals Tribunal under that Act before the commencement of Part 4 . (6) The repeal of sections 11 and 12 of the Unfair Dismissals (Amendment) Act 1993 effected by subsection (1) shall not apply in relation to a claim for redress under the Act of 1977 brought before the commencement of Part 4 . (7) This section and Schedule 2 shall come into operation upon the commencement of Part 4. PART 2 Workplace Relations Commission Establishment day 9. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Commission 10. (1) There shall stand established on the establishment day a body, which shall be known as the Workplace Relations Commission (in this Act referred to as the “Commission”), to perform the functions conferred on it by or under this Act. (2) The provisions of Schedule 3 shall apply to the Commission. Functions of Commission 11. (1) The Commission shall, in addition to the other functions conferred on it by this Act— (a) promote the improvement of workplace relations, and maintenance of good workplace relations, (b) promote and encourage compliance with relevant enactments, (c) provide guidance in relation to compliance with codes of practice approved under section 20 , (d) conduct reviews of, and monitor developments as respects, workplace relations, (e) conduct or commission research into matters pertaining to workplace relations, (f) provide advice, information and the findings of research conducted by the Commission to joint labour committees and joint industrial councils, (g) advise and apprise the Minister in relation to the application of, and compliance with, relevant enactments, (h) provide information to members of the public in relation to employment enactments (other than the Act of 1998), and (i) attend meetings outside the State relating to employment law matters and industrial and workplace relations upon the request of the Minister. (2) The Commission may provide such advice as it considers appropriate on any matter relating to workplace relations to— (a) employers or representative bodies or associations of employers, or (b) employees, trade unions or excepted bodies, whether or not it has received a request in that behalf from any such person. (3) Subject to this Act, the Commission shall be independent in the performance of its functions. (4) The Commission shall have all such powers as are necessary or expedient for the performance of its functions. (5) The Commission shall perform its functions through or by the Director General or any member of the staff of the Commission duly authorised in that behalf by the Director General. Director General of Workplace Relations Commission 12. (1) There shall be a chief executive officer of the Commission (in this Act referred to as the “Director General”). (2) The Director General (other than the Director General first appointed after the commencement of this section or a Director General appointed under subsection (5) ) shall be appointed by the Minister from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Act of 2004. (3) The Public Appointments Service shall, in relation to a competition referred to in subsection (2), not make a recommendation for the purposes of that subsection in respect of more than 3 persons. (4) The Director General shall hold office for such period not exceeding 5 years from the date of his or her appointment as the Minister may determine. (5) The Minister may reappoint a person whose term of office as Director General expires by the efflux of time to be the Director General. (6) A person who is reappointed to be the Director General in accordance with subsection (5) shall not hold office for periods the aggregate of which exceeds 10 years. (7) The Director General shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform. (8) The Director General shall not hold any other office or employment or carry on any business without the consent of the Minister. Resignation, removal or disqualification of Director General 13. (1) The Director General may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice. (2) The Minister may, at any time, remove the Director General from office if the Minister is satisfied that— (a) the Director General has become incapable through ill-health of performing his or her functions, (b) the Director General has committed stated misbehaviour, or (c) the removal of the Director General appears to the Minister to be necessary for the effective performance by the Commission of its functions. (3) If the Director General is removed from office in accordance with subsection (2), the Minister shall provide the Director General with a statement of reasons for the removal. (4) The Director General shall cease to be qualified for office and shall cease to hold office if he or she— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is sentenced by a court of competent jurisdiction to a term of imprisonment, (d) is convicted of any indictable offence in relation to a company or any other body corporate, (e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or (f) is the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 . Functions of Director General 14. (1) The Director General shall carry on and manage, and control generally, the administration and business of the Commission and such other functions as are conferred on him or her by or under this Act. (2) The Director General shall be accountable to the Minister for the efficient and effective management of the Commission and for the due performance of his or her functions. Consultation by Director General with Board 15. (1) The Director General may consult with or request the advice of the Board on any matter relating to a function (other than a function to which Part 4 applies) of the Commission. (2) The Director General shall have regard to any advice of the Board pursuant to a request under this section before performing any function to which the advice relates. Delegation of functions of Director General 16. (1) The Director General may delegate any of his or her functions to a specified member of staff of the Commission, and that member of staff shall be accountable to the Director General for the performance of the functions so delegated. (2) The Director General may revoke a delegation made in accordance with this section. Accountability of Director General to committees of Houses of Oireachtas 17. (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than— (a) the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, (b) the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or (c) a subcommittee of a committee referred to in paragraph (a) or (b). (2) Subject to subsection (3), the Director General shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission. (3) The Director General shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal (including an adjudication officer and the Labour Court) in the State. (4) Where the Director General is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Director General is before it, the information shall be so conveyed in writing. (5) Where the Director General has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion— (a) the Director General may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or (b) the Chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. (6) Pending the determination of an application under subsection (5), the Director General shall not attend before the Committee to give account for the matter the subject of the application. (7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the Director General shall attend before the Committee to give account for the matter. (8) In the performance of his or her duties under this section, the Director General shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. Membership of either House of Oireachtas or European Parliament 18. (1) Where a member of the Board is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, he or she shall thereupon cease to be a member of the Board. (2) Where the Director General is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, he or she shall thereupon cease to be Director General. (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board or for employment in any capacity by the Commission. (4) In this section “Act of 1997” means the European Parliament Elections Act 1997 . Acting Director General 19. (1) Subject to subsection (2) , the Minister may appoint a person to perform the functions of the Director General during— (a) any period or periods when the Director General is absent from duty or from the State or is, for any other reason, unable to perform the functions of Director General, (b) any suspension from office of the Director General, or (c) any vacancy in the office of Director General. (2) A person shall not be appointed to perform the functions of the Director General for a continuous period of more than 12 months during a vacancy in the office of Director General. (3) The Minister may at any time terminate an appointment under this section. Codes of practice 20. (1) (a) The Commission may, for the purpose of providing guidance to employers, employees and any other persons to whom this Act applies with respect to compliance with an employment enactment, prepare and submit to the Minister draft codes of practice. (b) The Commission may, for the purpose of providing guidance to employers, employees and any other persons to whom this Act applies with respect to compliance with an employment enactment, submit to the Minister a draft code of practice prepared by any person other than the Commission. (2) The Minister may give a direction to the Commission requiring it to prepare and submit to him or her a code of practice for the purpose mentioned in subsection (1) . (3) The Commission shall comply with a direction under subsection (2) . (4) The Commission shall, before submitting a draft code of practice to the Minister under subsection (1), request any person that it considers appropriate, including trade unions and employer representative bodies, to make representations to it in relation to the draft code of practice, and the Commission shall consider any such representations made. (5) The Minister may give a direction to the Commission to amend a draft code of practice submitted to him or her in accordance with this section in such manner as is specified in the direction, and the Commission shall comply with the direction and resubmit to the Minister the draft code of practice as so amended. (6) The Minister may, by order, declare a draft code of practice submitted or resubmitted to him or her in accordance with this section to be an approved code of practice for the purposes of this Act, and the text of the approved code of practice shall be set out in the order. (7) The Commission shall publish an approved code of practice on its internet website. (8) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty one days on which that House sits after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. (9) A code of practice standing approved under this section shall be admissible in evidence in proceedings before a court, the Labour Court or an adjudication officer. (10) In this section “employment enactment” does not include the Act of 1998. Strategy statement 21. (1) The Board shall— (a) not later than 6 months after the commencement of this section, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted, and (b) not later than 3 months before each third anniversary of the submission to the Minister in accordance with this subsection of the strategy statement for the time being in effect, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the second-mentioned strategy statement is so submitted. (2) The Board shall, before preparing and submitting a strategy statement in accordance with subsection (1), seek and obtain the advice of the Director General in relation thereto. (3) (a) The Board shall, in the preparation of a strategy statement have regard to the need to ensure the most effective and efficient use of the resources available to the Commission. (b) A strategy statement shall— (i) except in the case of the strategy statement first prepared, submitted and approved under this section, contain a review of the implementation of the immediately preceding strategy statement, (ii) specify the manner in which the Board proposes to assess the effectiveness of the implementation of the strategy statement, and (iii) include any other matters that the Minister may from time to time direct. (4) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1) or pursuant to a direction under paragraph (c) — (a) approve the strategy statement, (b) approve the strategy statement subject to such modifications as he or she may specify, or (c) refuse to approve the strategy statement and require the Board, by direction in writing, to prepare and submit a revised strategy statement to the Minister by such date as may be specified in the direction. (5) The Board shall comply with a direction under this section by such date as may be specified in the direction. (6) The Commission shall not implement a strategy statement unless it has been approved by the Minister in accordance with paragraph (a) or (b) of subsection (4). (7) The Minister shall, as soon as practicable after having approved a strategy statement in accordance with paragraph (a) or (b) of subsection (4), cause a copy of that statement to be laid before each House of the Oireachtas. (8) The Director General shall, as soon as practicable after the approval of a strategy statement in accordance with paragraph (a) or (b) of subsection (4), cause that statement to be published on the internet and, where he or she considers it appropriate, in such other manner as he or she shall determine. (9) In this Act “strategy statement” means a statement that— (a) specifies the key objectives, outputs and related strategies (including use of resources) of the Commission, and (b) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister. Work programme 22. (1) The Board shall— (a) after consultation with the Director General, and (b) not later than one month before the 1st day of January each year, prepare and submit to the Minister a plan (in this section referred to as a “work programme”) of the work that the Commission intends to carry out in the year to which the plan relates. (2) The Minister may issue directions to the Board in relation to the preparation of a work programme. (3) The Minister may— (a) upon the recommendation of the Director General, or (b) for the purpose of improving workplace relations generally or in workplaces of a particular class or classes, direct the Board to prepare and submit to him or her a revised work programme. (4) The Minister shall, as soon as practicable after a work programme or revised work programme has been submitted to him or her under subsection (1), or pursuant to a direction under subsection (3) or this subsection— (a) approve the work programme or revised work programme, (b) approve the work programme or revised work programme subject to such modifications as he or she may specify, or (c) refuse to approve the work programme or revised work programme and, by direction in writing, require the Board to prepare and submit a revised work programme to the Minister by such date as may be specified in the direction. (5) The Board shall comply with a direction under this section by such date as may be specified in the direction. (6) Each work programme (other than the work programme first prepared and submitted after the commencement of this section) shall contain a review of the implementation and effectiveness of the work programme in respect of the year immediately preceding the first-mentioned work programme. (7) The Board shall, in the preparation of a work programme, have regard to— (a) the strategy statement approved under section 21 of the Commission applicable in respect of the year to which the work programme relates, and (b) such other matters (if any) as are specified in a direction under subsection (2). Reports to Minister 23. (1) Subject to subsection (2), the Director General shall, not later than 3 months after the end of each year, prepare, and submit to the Minister, a report (in this section referred to as the “annual report”) in writing on the activities of the Commission during that year. (2) The Director General shall, in respect of the period commencing on the commencement of this section and ending on 31 December next following such commencement, prepare and submit to the Minister a report (in this section also referred to as the “annual report”) on the activities of the Commission during that period not later than 3 months after the said 31 December. (3) The annual report shall contain information in relation to— (a) progress regarding implementation of the strategy statement, and (b) such other matters as the Minister may specify. (4) The Director General may, from time to time, prepare and submit to the Minister such other reports in relation to the activities of the Commission as the Director General considers appropriate. (5) The Minister may require the Director General, by direction in writing, to prepare and submit to him or her a report in relation to any particular matter relating to the activities of the Commission as the Minister considers appropriate. (6) The Director General shall comply with a direction under subsection (5). (7) The Minister shall cause a copy of the annual report to be laid before each House of the Oireachtas not later than 2 months after it has been submitted to him or her in accordance with this section. (8) This section shall not operate to require the Director General to include information in the annual report or other report referred to in this section that, in his or her opinion, would prejudice the performance by the Commission of its functions under Part 4. Staff of Commission 24. (1) The Minister shall appoint such and so many of his or her officers as he or she may determine to be members of staff of the Commission. (2) The terms and conditions of service of a member of the staff of the Commission shall be such as may be determined from time to time by the Minister with the approval of the Minister for Public Expenditure and Reform. (3) There shall be paid by the Minister to the members of the staff of the Commission such remuneration and allowances as, from time to time, the Minister, with the consent of the Minister for Public Expenditure and Reform, determines. (4) The members of the staff of the Commission shall perform their functions under the direction and control of the Director General. (5) Appointments under this section shall be subject to the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005. Registrar of Commission 25. (1) The Minister shall, with the consent of the Minister for Public Expenditure and Reform, appoint a person to be registrar of the Commission from among persons— (a) who are practising barristers or practising solicitors, and (b) in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Act of 2004. (2) Paragraph (b) of subsection (1) shall not apply in respect of the registrar first appointed after the passing of this Act. (3) The registrar of the Commission shall hold office on such terms and conditions (including terms and conditions relating to remuneration) as the Minister, with the approval of the Minister for Public Expenditure and Reform, determines. (4) In this section— “practising barrister” includes a person who is serving in a position (appointment to which was conditional upon the person’s having been called to the Bar of Ireland and standing enrolled as a barrister in the State) in the Civil Service of the Government or the Civil Service of the State; “practising solicitor” includes a person who is serving in a position (appointment to which was conditional upon the person’s having been admitted to be a solicitor and standing enrolled as a solicitor in the State) in the Civil Service of the Government or the Civil Service of the State. PART 3 Enforcement Inspectors 26. (1) The Director General may, with the consent of the Minister appoint such and so many of the officers of the Minister as he or she considers appropriate to be an inspector or inspectors for the purposes of this Act. (2) A person who, immediately before the commencement of this section, was an authorised officer or an inspector under an employment enactment shall be deemed to be an inspector appointed under this Act and, accordingly, subsection (4) shall apply in respect of that person. (3) A person appointed to be an inspector under this section shall on his or her appointment be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person affected thereby, produce such warrant to that person for inspection. (4) An appointment under this section shall cease— (a) in the case of a person appointed under subsection (1), if— (i) the Director General revokes the appointment, or (ii) the person appointed ceases to be a member of the staff of the Commission, or (b) if the appointment is for a fixed period, on the expiry of that period. Powers of inspectors 27. (1) For the purposes of this Act or a relevant enactment, an inspector may— (a) subject to subsection (3), enter (if necessary by the use of reasonable force) at all reasonable times any place of work or any premises— (i) that he or she has reasonable grounds for believing has been or is being used in connection with the employment of persons, or (ii) at which he or she has reasonable grounds for believing that records or documents relating to the employment of persons are kept, (b) at such place of work or premises, inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection, (c) remove any such books, documents or records from such place of work or premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act, (d) require any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to give the inspector such information and assistance as the inspector may reasonably require for the purposes of his or her functions under this Act, (e) require any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to produce to the inspector such books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act, (f) require any person, whom the inspector has reasonable grounds for believing to be, or to have been, an employer or employee, to answer such questions as the inspector may ask relative to any matter under this Act or a relevant enactment and to make a declaration of the truth of the answers to those questions, and (g) examine with regard to any matter under this Act or a relevant enactment, any person whom the inspector has reasonable grounds for believing to be, or to have been, an employer or employee, following the inspector’s having cautioned the person that the person is not obliged to say anything unless he or she wishes to do so but that whatever he or she says will be taken down in writing and may be given in evidence. (2) When performing a function under this Act, an inspector may, subject to any warrant under subsection (4), be accompanied by such number of other inspectors or members of the Garda Síochána as he or she considers appropriate. (3) An inspector shall not enter a dwelling, other than— (a) with the consent of the occupier, or (b) pursuant to a warrant under subsection (4). (4) Upon the sworn information of an inspector, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an inspector under this section is or are held at any dwelling, issue a warrant authorising a named inspector, accompanied by such other inspectors or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an inspector under paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1). (5) A person shall be guilty of an offence if he or she— (a) obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (4) or impedes the exercise by the inspector or member, as the case may be, of such power, or (b) fails or refuses to comply with a requirement of an inspector or member of the Garda Síochána pursuant to paragraph (d) or (f) of subsection (1), or in purported compliance with such requirement gives information or makes a declaration to the inspector or member that he or she knows to be false or misleading in any material respect. (6) Where an inspector believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides. (7) A statement or admission made by a person pursuant to a requirement under subsection (1)(d) or (f) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)). (8) In this section— “place of work” has the same meaning as it has in the Safety, Health and Welfare at Work Act 2005 ; “premises” includes vehicle, vessel, ship and railway carriage. Compliance notice 28. (1) Where an inspector is satisfied that an employer has, in relation to any of his or her employees, contravened a provision to which this section applies, the inspector may serve a notice (in this section referred to as a “compliance notice”) on the employer. (2) A compliance notice shall— (a) state the grounds for the inspector’s being satisfied that there has been a contravention referred to in subsection (1), (b) for the purpose of ensuring compliance by the employer concerned with any employment enactment, require the employer to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and (c) contain information regarding the bringing of an appeal under subsection (7) against the notice, including the manner in which an appeal shall be brought. (3) A compliance notice shall not specify a date in accordance with paragraph (b) of subsection (2) that falls on or before the date by which an appeal under subsection (7) shall be brought. (4) An inspector shall, if satisfied that the employer concerned has complied with a compliance notice, serve a notice in writing on the employer that he or she is so satisfied. (5) Subsection (4) shall not operate to prevent an inspector from performing any of his or her functions under this Act in relation to the employer concerned, including in relation to the contravention to which the compliance notice referred to therein applies, after he or she serves a notice on the employer under that subsection. (6) The inspector may— (a) withdraw a compliance notice at any time, as he or she considers appropriate, or (b) where no appeal is brought under this section, specify a date for the purposes of subsection (2)(b) that falls later than the date specified for that purpose in the compliance notice concerned, and notify the employer in writing accordingly. (7) An employer may appeal a compliance notice served on him or her under this section to the Labour Court. (8) An appeal under subsection (7) shall be brought in the manner prescribed by rules under subsection (5) of section 20 of the Act of 1946 not later than 42 days after the service of the compliance notice concerned. (9) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (7). (10) The Labour Court shall, upon an appeal under this section, do one of the following: (a) affirm the compliance notice concerned; (b) withdraw the compliance notice concerned; or (c) withdraw the compliance notice and require the employer to whom the notice applies to comply with such directions as may be given by the Labour Court. (11) An employer may appeal— (a) a decision of the Labour Court to affirm, in accordance with paragraph (a) of subsection (10), a compliance notice served on him or her under this section, or (b) a direction to him or her in accordance with paragraph (c) of that subsection, to the Circuit Court. (12) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (11). (13) The Circuit Court shall, upon an appeal under subsection (11), do one of the following: (a) affirm the decision or direction concerned; (b) in the case of an appeal from a decision of the Labour Court affirming a compliance notice in accordance with paragraph (a) of subsection (10) , annul that decision and order the withdrawal of the compliance notice; or (c) in the case of an appeal from a direction given in accordance with paragraph (c) of subsection (10), annul that direction. (14) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence. (15) This section shall not operate to prevent or restrict— (a) the entitlement of any person to bring proceedings in accordance with this Act or a relevant enactment for the purpose of securing compliance with a relevant enactment in relation to that person, or (b) the bringing or prosecuting of any proceedings for an offence under this Act or a relevant enactment. (16) In this section “specified date” means, in relation to a compliance notice— (a) where no appeal against the notice is brought under subsection (7), the date specified in the notice in accordance with paragraph (b) of subsection (2), (b) where an appeal against the notice is brought under subsection (7) and the Labour Court affirms the notice in accordance with paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Labour Court so affirms the notice, or (c) where an appeal to the Circuit Court is brought under subsection (11) and the Circuit Court affirms the decision of the Labour Court under paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Circuit Court so affirms that decision. (17) This section applies to a provision specified in column (3) of Schedule 4 . Report of inspector admissible in evidence 29. (1) Where an inspector performs functions under section 27 in relation to an employer, he or she shall prepare a report in writing thereof. (2) The …