Liability for loss occurring before dissolution day 69. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Employment Appeals Tribunal shall after that day, lie against the Labour Court and not against the Employment Appeals Tribunal.
\nProvisions consequent upon transfer of functions, property, rights and liabilities 70. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Employment Appeals Tribunal may— (a) in so far as it relates to a function transferred to the Commission by section 66 , be carried on or completed on or after the dissolution day by the Commission, and (b) in so far as it relates to a function transferred to the Labour Court by that section, be carried on or completed on or after the dissolution day by the Labour Court.
\nMiscellaneous Fees 71. The Minister may, in respect of— (a) such services provided by the Commission as may be prescribed, and (b) such services provided by the Labour Court as may be prescribed, charge the recipient of any such service a fee for the purpose of defraying the cost of the provision of that service by the Commission or the Labour Court, as the case may be.
\nForgery of documents 72. (1) A person who forges, or utters knowing it to be forged, a notice, certificate or other document purporting to be issued, granted or given under this Act (in this section referred to as a “forged document”) shall be guilty of an offence.
\nProhibition on unauthorised disclosure of confidential information 73. (1) A relevant person shall not disclose confidential information obtained by him or her while performing functions under this Act unless he or she is required by law, or duly authorised by the Commission, to so do.
\nAmendment of section 21 of Act of 1946 74. Section 21 of the Act of 1946 is amended— (a) in subsection (1), by— (i) the substitution of “The Court may, for the purposes of any proceedings before it under 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 , do all or any of the following things” for “The Court may for the purposes of any proceedings before it under this Act or any investigation under the Industrial Relations (Amendment) Act 2001 do all or any of the following things”, and (ii) the substitution of the following paragraph for paragraph (b): “(b) take evidence on oath and, for that purpose, cause to be administered oaths to persons attending as witnesses before it,”, and (b) by the insertion of the following subsection: “(4) A document purporting to be signed by the chairman or the registrar of the Labour Court stating that— (a) a person named in the document was, by summons under subsection (1), required to attend before the Labour Court on a day and at a time and place specified in the document, and (b) a sitting of the Labour Court was held on that day and at that time and place, shall, in proceedings for an offence under this section, be evidence of the matters so stated unless the contrary is shown.”.
\nAmendment of section 10 of Act of 1946 75. (1) Section 10 of the Act of 1946 is amended by— (a) the substitution of the following subsection for subsection (3): “(3) Subject to subsection (3A) (inserted by section 75(1)(b) of the Workplace Relations Act 2015), the chairman shall— (a) except in the case of a person reappointed to be chairman under subsection (3B) (inserted by that section), 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 Public Service Management (Recruitment and Appointments) Act 2004 , and (b) hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines.”, (b) the insertion of the following subsections: “(3A) The person who immediately before the commencement of section 75 of the Workplace Relations Act 2015 stood appointed as chairman shall, from such commencement, continue to be chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement. (3B) The Minister may reappoint a person whose term of office as chairman expires by the efflux of time to be the chairman.”, (c) the substitution of the following subsection for subsection (4): “(4) (a) The Minister shall— (i) in respect of each workers’ member, designate an organisation (in this section referred to as a ‘designated body’) representative of trade unions of workers to nominate persons for the purposes of this section, and (ii) in respect of each employers’ member, designate a trade union (in this section also referred to as a ‘designated body’) of employers to nominate persons for the purposes of this section, and each such designated body shall nominate 3 persons for those purposes. (b) The Minister shall— (i) from among persons nominated under this subsection by a designated body referred to in subparagraph (i) of paragraph (a) appoint a person to be a workers’ member of the Court, and (ii) from among persons nominated under this subsection by a designated body referred to in subparagraph (ii) of paragraph (a) appoint a person to be an employers’ member of the Court.”, and (d) the insertion of the following subsections: “(4A) (a) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as a workers’ member of the Court shall, from such commencement, continue to be a workers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.
\n(b) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as an employers’ member of the Court shall, from such commencement, continue to be an employers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement. (4B) (a) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as a workers’ member of the Court expires by the efflux of time to be a workers’ member of the Court. (b) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as an employers’ member of the Court expires by the efflux of time to be an employers’ member of the Court. (4C) Where a person— (a) appointed under subsection (4) to be a member of the Court, (b) who continues to be a member of the Court by virtue of subsection (4A), or (c) reappointed in accordance with subsection (4B) to be a member of the Court, is, for whatever reason, unable to perform his functions as such member and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy in the membership of the Court shall be deemed to exist and the Minister may, after consultation with the designated body that nominated the person under that subsection, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.”.
\nAmendment of Act of 1967 76. (1) The Act of 1967 is amended— (a) in subsection (1) of section 2, by the insertion of the following definitions: “ ‘Act of 2015’ means the Workplace Relations Act 2015; ‘adjudication officer’ has the same meaning as it has in the Act of 2015; ‘Director General’ means the Director General of the Workplace Relations Commission;”, (b) in section 24, by— (i) the substitution, in paragraph (c) of subsection (1), of “Director General” for “Tribunal”, (ii) the substitution, in subsection (2A) (inserted by section 12 of the Redundancy Payments Act 1971 ), of “adjudication officer, if he is satisfied” for “Tribunal, if it is satisfied”, and (iii) the substitution, in subsection (3) (inserted by section 13 of the Redundancy Payments Act 1979 ) of— (I)“Director General” for “Tribunal” in each place that it occurs, and (II)“at his discretion” for “at its discretion”, (c) in section 39, by— (i) the substitution, in subsection (15), of “Director General” for “Tribunal” in each place that it occurs, (ii) the substitution, in subsection (16), of “Director General” for “Tribunal”, (iii) the insertion of the following subsection: “(16A) The Director General shall refer to an adjudication officer for adjudication by that officer an appeal under subsection (15) or a question referred to the Director General under subsection (16).”, (iv) the insertion of the following subsection: “(16B) Subsections (15) and (16) of section 41 of the Act of 2015 shall apply in relation to an appeal under subsection (15) or a question referred to the Director General under subsection (16) as they apply to a complaint or dispute to which the said section 41 applies, subject to the following modifications: (a) references to complaint or dispute shall be construed as references to such an appeal or such a question; (b) references in the said subsection (15) to complainant or respondent shall be construed as references to employee or employer; (c) the reference in the said subsection (16) to parties to a complaint or dispute under that section shall be construed as a reference to the employee or employer concerned; and (d) any other necessary modifications.”, (v) the substitution, in subsection (17), of “adjudication officer concerned” for “Tribunal” in each place that it occurs, (vi) the substitution, in paragraph (a) of subsection (19), of “Director General” for “Tribunal”, and (vii) the substitution, in paragraphs (b), (c), (d), (e), (f), (g) and (i) of subsection (19), of “an adjudication officer” for “the Tribunal” in each place that it occurs,
\n(d) by the insertion of the following section: “Appeal to Labour Court from decision of adjudication officer 39A.
\nof the Act of 2015 shall apply in relation to a decision of an adjudication officer in relation to an appeal under subsection (15) of section 39 or a question referred to the Director General under subsection (16) of that section as it applies to a decision of an adjudication officer under section 41 of that Act, subject to the following modifications: (a) the reference in subsection (1) of the said section 44 to— (i) proceedings under section 41 shall be construed as a reference to such an appeal or proceedings in relation to such a question, and (ii) those proceedings shall be construed as a reference to such an appeal or proceedings in relation to such a question; and (b) any other necessary modifications.”, and (e) by the substitution of the following section for section 40 (inserted by section 9 of the Redundancy Payments Act 1971 ): “Appeal to High Court on point of law 40. A party to proceedings before the Labour Court under this Part may, not later than 42 days from the service on that party of notice of the decision of the Labour Court in those proceedings, appeal that decision to the High Court on a point of law, and the decision of the High Court in relation thereto shall be final and conclusive.”.
\nAmendment of section 2 of Act of 1969 77. Section 2 (inserted by section 9 of the Industrial Relations Act 1976 ) of the Act of 1969 is amended by the deletion, in subsection (2), of the words “less one”.
\nCertain functions of Labour Court performable by chairman or deputy chairman of Labour Court 78. The Act of 1969 is amended by the insertion of the following section: “3A. Such functions of the Court as may be prescribed by order made by the Minister, after consultation with the chairman, may be performed by the chairman or a deputy chairman sitting alone.”.
\nAmendment of section 4 of Act of 1969 79. Section 4 of the Act of 1969 is amended by— (a) the substitution of the following subsection for subsection (1) — “(1) (a) Subject to subsection (1A) (inserted by section 79(b) of the Workplace Relations Act 2015), the Minister shall appoint persons to be deputy chairmen from among persons in respect of whom recommendations for the purposes of this section have been made by the Public Appointments Service consequent upon the holding of a competition or competitions in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 . (b) A deputy chairman shall hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines.”, (b) the insertion of the following subsections: “(1A) A person who immediately before the commencement of section 79 of the Workplace Relations Act 2015 stood appointed as deputy chairman shall, from such commencement, continue to be deputy chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement. (1B) The Minister may reappoint a person whose term of office as deputy chairman expires by the efflux of time to be a deputy chairman, and paragraph (a) of subsection (1) shall not apply in respect of the reappointment of such person. (1C) Where a person— (a) appointed under subsection (1) to be a deputy chairman, (b) who continues to be a deputy chairman by virtue of subsection (1A), or (c) reappointed in accordance with subsection (1B) to be a deputy chairman, is, for whatever reason, unable to perform his functions as deputy chairman and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy among the deputy chairmen shall be deemed to exist and the Minister may, after consultation with the chairman, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine. (1D) If a deputy chairman dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, or a deputy chairman’s term of office expires and he is not reappointed under subsection (1B), the Minister may appoint a person to be a deputy chairman to fill the vacancy so occasioned pending the appointment of a deputy chairman to fill that vacancy in accordance with subsection (1), and the person so appointed shall hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.”,
\n(c) the substitution of the following subsection for subsection (2): “(2) (a) The Minister may designate a deputy chairman to perform the functions of the chairman in the absence of the chairman or where the office of chairman is vacant, and a deputy chairman so designated shall in such absence or upon such position becoming vacant perform those functions. (b) References in any enactment shall, for the purposes of the performance of the functions of chairman by a deputy chairman designated under paragraph (a), include references to that deputy chairman. (c) A person who, immediately before the commencement of section 79 of the Workplace Relations Act 2015, stood appointed under subsection (1) shall be deemed to have been designated under paragraph (a).”, (d) the deletion of subsections (3) and (4), and (e) the substitution of the following subsection for subsection (7): “(7) The Civil Service Regulation Acts 1956 to 2005 shall not apply to the office of deputy chairman of the Court.”.
\nAmendment of Act of 1977 80. (1) The Act of 1977 is amended— (a) in section 1, by the insertion of the following definitions: “ ‘Act of 2015’ means the Workplace Relations Act 2015; ‘adjudication officer’ has the same meaning as it has in the Act of 2015; ‘Director General’ means the Director General of the Workplace Relations Commission;”, (b) by the substitution, in paragraph (d) of subsection (2A) of section 2, of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”, (c) by the substitution, in subsection (5) of section 2A of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”, (d) by the substitution, in subsection (2A) of section 5, of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”, (e) by the substitution, in subsection (7) of section 6, of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”, (f) in subsection (1) of section 7, by the substitution of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”, (g) in section 8, by— (i) the deletion of— (I) paragraphs (b) and (c) of subsection (1A), and (II) subsections (3), (4), (5), (9) and (10), (ii) the substitution of the following subsection for subsection (1): “(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 the adjudication officer. (b)
\nof 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 so referred.”, (iii) by the substitution of “decision of an adjudication officer” for “recommendation of a rights commissioner” in paragraph (a) of subsection (1A), (iv) by the insertion of the following subsection: “(1B) An adjudication officer to whom a claim for redress under this Act is referred under this section shall— (a) inquire into the claim, (b) give the parties to the claim an opportunity to— (i) be heard by the adjudication officer, and (ii) present to the adjudication officer any evidence relevant to the claim, (c) make a decision in relation to the claim consisting of— (i) the grant of redress in accordance with section 7, or (ii) the dismissal of the claim, and (d) give the parties to the claim a copy of that decision in writing.”, (v) the substitution, in subsection (2), of— (I) “the Director General” for “a rights commissioner or the Tribunal, as the case may be”, and (II) “the Director General” for “the rights commissioner or the Tribunal,” in each place that it occurs, (vi) the deletion, in subsection (2), of “, as the case may be,” in each place that it occurs, (vii) the substitution, in subsection (6), of “an adjudication officer” for “a rights commissioner”, (viii) the substitution of the following subsection for subsection (7): “(7) An adjudication officer shall notify the Labour Court of any decision he makes under this section.”, (ix) the substitution of the following paragraph for paragraph (a) of subsection (8): “(a) the procedure to be followed regarding the bringing of appeals under section 9 before the Labour Court,”, (x) the substitution, in subsection (8), of “Labour Court” for “Tribunal” in each place that it occurs, (xi) the deletion, in paragraph (g) of subsection (8), of “claims and”, (xii) by the substitution, in subsection (12), of “the adjudication officer or the Labour Court, as may be appropriate” for “the rights commissioner, the Tribunal or the Circuit Court, as the case may be”, (h) by the insertion of the following sections: “Application of provisions of Act of 2015 to claim for redress 8A. (1) Sections 42 and 43 of the Workplace Relations Act 2015 shall apply to a claim referred to an adjudication officer under section 8 as they apply to a complaint or dispute referred to an adjudication officer under
\nsection 41 of that Act, subject to the following modifications: (a) references to a complaint or dispute shall be construed as references to a claim referred to an adjudication officer under section 8 of this Act; (b) the reference to section 41 shall be construed as a reference to section 8 of this Act; and (c) any other necessary modifications.
\n(2)
\nof the Workplace Relations Act 2015 shall apply to a decision of an adjudication officer given in respect of a claim for redress under this Act by an employee as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to the following modifications: (a) the reference in subsection (1) of the said section 44 to— (i) proceedings under section 41 shall be construed as a reference to a claim under section 8 of this Act, and (ii) those proceedings shall be construed as a reference in relation to that claim; and (b) any other necessary modifications.
\nDisposal of claims by written submission only 8B. (1) The Director General may, where he or she considers that a claim for redress under this Act may be dealt with by written submissions only, inform the parties to the claim, by notification in writing, of his or her intention to deal with the claim in that manner.
\nStriking out of claims that are not pursued 8C. (1) Where a claim for redress under this Act is referred to the Director General under section 8, the Director General may strike out the claim if he or she is satisfied that the claim has not been pursued by the employee during the period of one year (or such other period as may be prescribed by regulations made by the Minister) immediately preceding its being struck out.
\nAmendment of Protection of Employees (Employers’ Insolvency) Act 1984 81. (1) Section 1 of the Act of 1984 is amended, in subsection (1), by the insertion of the following definition: “ ‘Act of 2015’ means the Workplace Relations Act 2015;”.
\nof the Act of 2015 shall apply to a decision of an adjudication officer given in relation to a complaint under section 9 as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to the following modifications: (a) the reference in subsection (1) of the said section 44 to— (i) proceedings under section 41 shall be construed as a reference to a complaint under section 9 of this Act, (ii) those proceedings shall be construed as a reference in relation to that complaint; and (b) any other necessary modifications.”.
\nAmendment of Part VII of Pensions Act 1990 82. Part VII of the Pensions Act 1990 is amended by— (a) the deletion, in section 65, of the definition of “the Director” (inserted by section 24 of the Social Welfare (Miscellaneous Provisions) Act 2003 ), (b) the substitution of “Director General of the Workplace Relations Commission” for “Director” in each place that it occurs, and (c) the substitution of “decision” for “recommendation” in each place that it occurs.
\nAmendment of Act of 1998 83. (1) The Act of 1998 is amended— (a) in section 39, by— (i) the deletion of paragraph (bb) (inserted by section 25 of the Parental Leave Act 1998 ), and (ii) the deletion of paragraph (c), (b) by the insertion, in subsection (1) of section 74, of the following definitions: “ ‘Act of 2015’ means the Workplace Relations Act 2015; ‘adjudication officer’ has the same meaning as it has in the Act of 2015; ‘mediation officer’ has the same meaning as it has in the Act of 2015;”, (c) by the substitution of— (i) “adjudication officer” for “equality officer” in each place that it occurs, (ii) “Director General of the Workplace Relations Commission” for “Director of the Equality Tribunal” and “Director” in each place that they occur, and (iii) “mediation officer” for “equality mediation officer” in each place that it occurs, (d) in section 75, by— (i) the deletion of subsections (1), (2), (2A), (3), (4), (4A) and (8), and (ii) the deletion, in subsection (4B), of “or any other enactment”, (e) the substitution of the following section for section 78: “78.
\nof the Act of 2015 shall apply to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act as it applies to a complaint presented, or dispute referred, to the Director General of the Workplace Relations Commission under section 41 of the Act of 2015, subject to the modification that references to a complaint or dispute under the said section 39 shall be construed as references to a case so referred.”, (f) in section 79, by the deletion of subsections (5A) and (7), (g) by the substitution of the following section for section 83: “83.
\nof the Act of 2015 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to the following modifications: (a) the reference in subsection (1) of the said section 44 to— (i) proceedings under section 41 shall be construed as a reference to proceedings under section 79 of this Act, and (ii) decision of an adjudication officer shall be construed as a reference to decision of the Director General of the Workplace Relations Commission; and (b) any other necessary modifications.”, (h) by the substitution, after the word “published” in subsection (1) of section 89, of “on the internet in such form and in such manner as the Director General of the Workplace Relations Commission considers appropriate”, (i) by the substitution of the following section for section 91: “91. (1)
\nof the Act of 2015 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to— (a) the modification that the following paragraph is substituted for paragraph (a) of subsection (1): ‘(a) on application to it in that behalf by the complainant concerned, the Irish Human Rights and Equality Commission, or’, and (b) the following modifications: (i) references to a complaint or dispute referred to an adjudication officer under section 41 shall be construed as references to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act; (ii) references to a complaint or dispute shall be construed as references to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act; (iii) references to decision of an adjudication officer shall be construed as references to decision of the Director General of the Workplace Relations Commission under section 79 of this Act; (iv) the reference to decision of an adjudication officer under that section shall be construed as a reference to decision of the Director General of the Workplace Relations Commission under section 79 of this Act; and (v) references to employee shall be construed as references to complainant within the meaning of Part VII of this Act and references to employer shall be construed as references to respondent within such meaning.
\n(2)
\nof the Act of 2015 shall apply to a decision of the Labour Court under section 44 of that Act upon an appeal from a decision of the Director General of the Workplace Relations Commission under section 79 subject to the modification that the following paragraph is substituted for paragraph (b) of subsection (1): ‘(b) on application to it in that behalf, with the consent of the complainant, by the Irish Human Rights and Equality Commission,’.”, (j) by the deletion of section 92, (k) by the insertion, after “Chairman of the Labour Court” in paragraph (a) of subsection (1) of section 94, of “, an inspector appointed under section 26 of the Act of 2015”, (l) by the substitution, in subsection (3) of section 100, of “Workplace Relations Commission” for “Minister”, (m) in section 101, by — (i) the insertion, in paragraph (a), of “, or” after “begun”, (ii) the substitution of the following paragraph for paragraph (b) of subsection (4): “(b) an adjudication officer has made a decision to which subsection (1)(inserted by paragraph (c) of subsection (1) of section 80 of the Act of 2015) of section 8 of the Act of 1977 applies in respect of the dismissal.”, and (iii) the insertion of the following subsection: “(4A) (a) Where an employee refers— (i) a complaint under section 77, and (ii) a claim for redress under the Act of 1977, to the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the said complaint shall be deemed to have been withdrawn unless, before the relevant date, the employee withdraws the claim under the Act of 1977. (b) In this subsection— ‘Act of 1977’ means the Unfair Dismissals Act 1977 ; ‘dismissal’ has the same meaning as it has in the Act of 1977; ‘relevant date’ means such date— (i) as may be prescribed, or (ii) as may be determined in accordance with regulations made by the Minister.”, (n) in section 103, by— (i) the substitution, in subsection (1), of “under this Part or section 44 of the Act of 2015 in accordance with section 83” for “under this Part”, (ii) the substitution, in subsection (2), of “under this Part or under section 44 of the Act of 2015 in accordance with section 83” for “under this Part”, (iii) the deletion of paragraphs (a) and (d) of subsection (3), and (iv) the substitution of the following paragraph for paragraph (c) of subsection (3): “(c) a decision under section 44 of the Act of 2015 to which section 83 applies.”.
\nAmendment of Equal Status Act 2000 84. (1) The Act of 2000 is amended— (a) in subsection (1) of section 2, by— (i) the insertion of the following definitions: “‘Act of 2015’ means the Workplace Relations Act 2015; ‘adjudication officer’ has the same meaning as it has in the Act of 2015; ‘mediation officer’ has the same meaning as it has in the Act of 2015; ‘Labour Court’ means the body established by the Industrial Relations Act 1946 ;”, and (ii) the deletion of the definition of “Director”, (b) by the substitution (other than in subparagraph (ii) of paragraph (j) of subsection (2) of section 3) of “Director of the Workplace Relations Commission” for “Director” in each place that it occurs, (c) by the substitution, in subparagraph (ii) of paragraph (j) of subsection (2) of section 3, of “adjudication officer” for “Director”, (d) in section 20, by— (i) the deletion of the definitions of “equality mediation officer” and “equality officer”, and (ii) the insertion of the following definition: “ ‘Minister’ means the Minister for Jobs, Enterprise and Innovation;”, (e) in Part III, by— (i) the substitution of “adjudication officer” for “equality officer” in each place that it occurs, and (ii) the substitution of “mediation officer” for “equality mediation officer” in each place that it occurs, (f) in section 30, by the insertion after the word “published” of “on the internet in such form and manner as the Director General of the Workplace Relations Commission considers appropriate”, (g) by the substitution of the following section for section 31: “31.
\nof the Act of 2015 shall apply to a decision under section 25 in relation to a case referred to the Director General of the Workplace Relations Commission under section 21 as it applies to a decision of an adjudication officer under the said section 41 , subject to— (a) the modification that the following paragraph is substituted for paragraph (b) of subsection (1): ‘(b) on application to it in that behalf, with the consent of the complainant, by the Irish Human Rights and Equality Commission,’, and (b) the following modifications: (i) references to a complaint or dispute shall be construed as references to a case so referred; (ii) the reference to section 41 shall be construed as a reference to section 25 of this Act; (iii) references to decision of an adjudication officer and the reference to decision of an adjudication officer under that section shall be construed as references and a reference, respectively, to decision of the Director General of the Workplace Relations Commission under section 25 of this Act; and (iv) references to employee and employer shall be construed as references to complainant and respondent respectively.”, (h) by the deletion of section 32, (i) in section 41, by the substitution of “Minister for Jobs, Enterprise and Innovation” for “Minister” in each place that it occurs, and (j) in section 44, by— (i) the substitution of the following subsection for subsection (1): “(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Workplace Relations Commission or the Irish Human Rights and Equality Commission.”, (ii) the substitution of the following subsection for subsection (2): “(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.”, and (iii) the deletion of subsection (3).
\nAmendment of section 5 of Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 85.
\nof the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 is amended by— (a) the substitution, in paragraph (a) of subsection (2), of “Minister” for “National Implementation Body (being the body of that name established, under the aegis of the Department of the Taoiseach, to oversee the attainment and maintenance of industrial peace and stability)”, (b) the substitution, in subsection (3), of “person” for “body”, and (c) the substitution, in subsection (10), of “person” for “body”.
\nOther amendments 86. (1) The Organisation of Working Time Act 1997 is amended— (a) in section 19, by the insertion of the following subsection: “(1A) For the purposes of this section, a day that an employee was absent from work due to illness shall, if the employee provided to his or her employer a certificate of a registered medical practitioner in respect of that illness, be deemed to be a day on which the employee was— (a) at his or her place of work or at his or her employer’s disposal, and (b) carrying on or performing the activities or duties of his or her work.”, (b) in section 20, by the substitution of the following paragraph for paragraph (c) of subsection (1): “(c) to the leave being granted— (i) within the leave year to which it relates, (ii) with the consent of the employee, within the period of 6 months after the end of that leave year, or (iii) where the employee— (I) is, due to illness, unable to take all or any part of his or her annual leave during that leave year or the period specified in subparagraph (ii), and (II) has provided a certificate of a registered medical practitioner in respect of that illness to his or her employer, within the period of 15 months after the end of that leave year.”, and (c) in section 23, by the substitution of the following subsection for subsection (1): “(1) (a) Where— (i) an employee ceases to be employed, and (ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee, the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. (b) In this subsection— ‘relevant period’ means— (i) in relation to a cessation of employment of an employee to whom subparagraph (i) of paragraph (c) of subsection (1) of section 20 applies, the current leave year, (ii) in relation to a cessation of employment of an employee to whom subparagraph (ii) of the said paragraph (c) applies, that occurs during the first 6 months of the current leave year— (I) the current leave year, and (II) the leave year immediately preceding the current leave year, (iii) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies, that occurs during the first 12 months of the period of 15 months referred to in the said subparagraph (iii) —
\n(I) the current leave year, and (II) the leave year immediately preceding the current leave year, or (iv) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies that occurs during the final 3 months of the period of 15 months referred to in the said subparagraph (iii) — (I) the current leave year, and (II) the 2 leave years immediately preceding the current leave year.”.
\nSCHEDULE 1 Employment Enactments
\nActs of the Oireachtas 1.
\nPayment of Wages Act 1991 2.
\nAdoptive Leave Act 1995 3.
\nProtection of Young Persons (Employment) Act 1996 4.
\nTransnational Information and Consultation of Employees Act 1996 5.
\nOrganisation of Working Time Act 1997 6.
\nParental Leave Act 1998 7.
\nNational Minimum Wage Act 2000 8.
\nCarer’s Leave Act 2001 9.
\nProtection of Employees (Part-Time Work) Act 2001 10.
\nProtection 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.
\nEmployees (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.
\nProtection 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
\nProvisions of Acts of Oireachtas 1. Part IV of the Industrial Relations Act 1946 2.
\nof the Competition Act 2002 5.
\nof the Industrial Relations (Miscellaneous Provisions) Act 2004 7. Section 55M(1) of the Health Act 2004 8.
\nof the Safety, Health and Welfare at Work Act 2005 9.
\nof the Consumer Protection Act 2007 10.
\nof the Inland Fisheries Act 2010 14.
\nof the Further Education and Training Act 2013 17.
\nStatutory 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 ) SCHEDULE 2 Repeals and Revocations
\nActs of the Oireachtas Reference (1) Number and Year (2) Short title
\nNo. 26 of 1946 Industrial Relations Act 1946 Sections 45C, 45D and 45E 2.
\nNo. 14 of 1969 Industrial Relations Act 1969
\n3.
\nNo. 4 of 1973 Minimum Notice and Terms of Employment Act 1973 Sections 11 and 13 4.
\nNo. 25 of 1991 Payment of Wages Act 1991 Sections 8 and 9 5.
\nNo. 22 of 1993 Unfair Dismissals (Amendment) Act 1993 Sections 11 and 12 6.
\nNo. 5 of 1994 Terms of Employment (Information) Act 1994 Sections 9 and 10 7.
\nNo. 34 of 1994 Maternity Protection Act 1994
\n8.
\nNo. 2 of 1995 Adoptive Leave Act 1995
\n9.
\nNo. 16 of 1996 Protection of Young Persons (Employment) Act 1996 Sections 20, 21 and 22 10.
\nNo. 20 of 1997 Organisation of Working Time Act 1997 Sections 8, 27 (other than subsections (1) and (3) ), 29, 30 and 31 11.
\nNo. 30 of 1998 Parental Leave Act 1998
\n12.
\nNo. 5 of 2000 National Minimum Wage Act 2000
\n13.
\nNo. 19 of 2001 Carer’s Leave Act 2001
\n14.
\nNo. 27 of 2001 Prevention of Corruption (Amendment) Act 2001 Schedule 1 (other than paragraphs 1(1) and (3), 2 and 3(7) and (8) ) 15.
\nNo. 45 of 2001 Protection of Employees (Part-Time Work) Act 2001
\n16.
\nNo. 14 of 2002 Competition Act 2002 Schedule 3 (other than paragraphs 2, 3 and 5) 17.
\nNo. 29 of 2003 Protection of Employees (Fixed-Term Work) Act 2003
\n18.
\nNo. 4 of 2004 Industrial Relations (Miscellaneous Provisions) Act 2004 Sections 9 (other than subsections (5) and (10) ), 11, 12 and 13 19.
\nNo. 42 of 2004 Health Act 2004 Sections 55M (other than subsections (1), (1A), (2), (3), (4), (6) and (11) ), 55N, 55O and 55P 20.
\nNo. 10 of 2005 Safety, Health and Welfare at Work Act 2005 Sections 30 and 31 21.
\nNo. 9 of 2006 Employees (Provision of Information and Consultation) Act 2006 Paragraph 3 of Schedule 3 22.
\nNo. 16 of 2006 Employment Permits Act 2006 Schedule 2 (other than paragraphs 1, 2, 5 and 6) 23.
\nNo. 19 of 2007 Consumer Protection Act 2007 Paragraph 3 of Schedule 6 24.
\nNo. 13 of 2008 Chemicals Act 2008
\n25.
\nNo. 34 of 2009 National Asset Management Agency Act 2009 Schedule 2 (other than paragraphs 1 and 2) 26.
\nNo. 10 of 2010 Inland Fisheries Act 2010 Schedule 4 (other than paragraphs 1 and 2) 27.
\nNo. 22 of 2011 Criminal Justice Act 2011 Schedule 2 (other than paragraphs 1 and 2) 28.
\nNo. 40 of 2011 Property Services (Regulation) Act 2011 Schedule 4 (other than paragraphs 1, 2 and 3(7) and (8) ) 29.
\nNo. 13 of 2012 Protection of Employees (Temporary Agency Work) Act 2012 Schedule 2 (other than paragraphs 1, 2 and 6) 30.
\nNo. 25 of 2013 Further Education and Training Act 2013 Schedule (other than paragraphs 1 and 2) 31.
\nNo. 26 of 2013 Central Bank (Supervision and Enforcement) Act 2013 Schedule 5 (other than paragraphs 1 and 2) 32.
\nNo. 14 of 2014 Protected Disclosures Act 2014 Schedule 2 (other than paragraphs 1 and 2)
\nStatutory Instruments Reference (1) Number and Year (2) Short title
\nS.I. No. 488 of 2000 European Communities (Protection of Employment) Regulations 2000 Regulation 6 2.
\nS.I. No. 131 of 2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 Regulations 12, 13 and 14 3.
\nS.I No. 507 of 2006 European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 Regulation 17 4.
\nS.I. No. 259 of 2007 European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 Paragraph 4 of Schedule 2 5.
\nS.I. No. 285 of 2007 European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 Paragraphs 3 and 4 of Schedule 4 6.
\nS.I. No. 157 of 2008 European Communities (Cross-Border Mergers) Regulations 2008 Paragraph 4 of Schedule 2 7.
\nS.I. No. 377 of 2009 European Communities (Working Conditions of Mobile Workers Engaged in Interoperable Cross Border Services in the Railway Sector) Regulations 2009 Regulation 10 8.
\nS.I. No. 36 of 2012 European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 Regulations 20, 21 and 22 SCHEDULE 3 Workplace Relations Commission
\nSCHEDULE 4 Enactments Specified for Purposes of section 28
\nNumber and Year
\nNo. 25 of 1991 Payment of Wages Act 1991
\nNo. 34 of 1994 Maternity Protection Act 1994
\nNo. 5 of 1994 Terms of Employment (Information) Act 1994 Sections 3(1) and 5 No. 20 of 1997 Organisation of Working Time Act 1997 Sections 6(2), 11, 12, 13, 14(1), 15(1), 16(2), 17, 18, 19(1), 19(1A), 21, 22 and 23(1) and (2) No. 19 of 2001 Carer’s Leave Act 2001
\nNo. 13 of 2012 Protection of Employees (Temporary Agency Work) Act 2012
\nSCHEDULE 5 Provisions and Enactments Specified for Purposes of Part 4
\n1.
\nor 10 of the Protection of Employment Act 1977 3.
\nof the Payment of Wages Act 1991 4.
\n, 4 , 5 or 6 of the Terms of Employment (Information) Act 1994 5.
\nor 17 of the Protection of Young Persons (Employment) Act 1996 6.
\nof the Transnational Information and Consultation of Employees Act 1996 7. A relevant provision within the meaning of section 27 of the Organisation of Working Time Act 1997 8.
\nor 15 of the Protection of Employees (Part-Time Work) Act 2001 11.
\nProtection of Employees (Fixed-Term Work) Act 2003 13.
\nof the Industrial Relations (Miscellaneous Provisions) Act 2004 14. Section 55M(1) of the Health Act 2004 15.
\nof the Safety, Health and Welfare at Work Act 2005 16.
\nof the Employees (Provision of Information and Consultation) Act 2006 18.
\n, 13
\nAdoptive Leave Act 1995 3.
\nParental Leave Act 1998 4.
\nNational Minimum Wage Act 2000 5.
\nCarer’s Leave Act 2001 (other than a dispute to which paragraph (a), (b) or (c) of section 17(1) of that Act applies) SCHEDULE 6 Relevant Redress Provision Sections 41 and 44
\nDecisions of Adjudication Officers Acts of Oireachtas 1. Section 45A of the Industrial Relations Act 1946 2.
\nof the Minimum Notice and Terms of Employment Act 1973 3. Section 11A of the Protection of Employment Act 1977 4.
\nof the Payment of Wages Act 1991 5.
\nof the Protection of Young Persons (Employment) Act 1996 9. Section 17A of the Transnational Information and Consultation of Employees Act 1996 10.
\nof the National Minimum Wage Act 2000 14.
\nof the Protection of Employees (Part-Time Work) Act 2001 17. Paragraph 5 of Schedule 3 to the Competition Act 2002 18.
\nof the Protection of Employees (Fixed-Term Work) Act 2003 19.
\nof the Safety, Health and Welfare at Work Act 2005 22. Paragraph 1 of Schedule 3 to the Employees (Provision of Information and Consultation) Act 2006 23. Paragraph 1 of Schedule 2 to the Employment Permits Act 2006 24. Paragraph 2 of Schedule 6 to the Consumer Protection Act 2007 25.
\nDecisions of Labour Court Acts of Oireachtas 1. Section 45B of the Industrial Relations Act 1946 2. Section 12A of the Minimum Notice and Terms of Employment Act 1973 3. Section 11B of the Protection of Employment Act 1977 4.
\nof the Payment of Wages Act 1991 5.
\nof the Terms of Employment (Information) Act 1994 6.
\nof the Protection of Young Persons (Employment) Act 1996 9. Section 17B of the Transnational Information and Consultation of Employees Act 1996 10.
\nof the Organisation of Working Time Act 1997 11.
\nof the National Minimum Wage Act 2000 14.
\nof the Protection of Employees (Part-Time Work) Act 2001 17. Paragraph 6A of Schedule 3 to the Competition Act 2002 18.
\nof the Protection of Employees (Fixed-Term Work) Act 2003 19.
\nof the Industrial Relations (Miscellaneous Provisions) Act 2004 20. Section 55M(11) of the Health Act 2004 21.
\nof the Safety, Health and Welfare at Work Act 2005 22. Paragraph 2 of Schedule 3 to the Employees (Provision of Information and Consultation) Act 2006 23. Paragraph 2 of Schedule 2 to the Employment Permits Act 2006 24. Paragraph 3A of Schedule 6 to the Consumer Protection Act 2007 25.
\n(6A) of the Chemicals Act 2008 26.
\n(8A) of the Charities Act 2009 27. Paragraph 2 of Schedule 2 to the National Asset Management Agency Act 2009 28. Paragraph 2 of Schedule 4 to the Inland Fisheries Act 2010 29. Paragraph 2 of Schedule 2 to the Criminal Justice Act 2011 30. Paragraph 2 of Schedule 4 to the Property Services (Regulation) Act 2011 31. Paragraph 2 of Schedule 2 to the Protection of Employees (Temporary Agency Work) Act 2012 32. Paragraph 2 of the Schedule to the Further Education and Training Act 2013 33. Paragraph 2 of Schedule 5 to the Central Bank (Supervision and Enforcement) Act 2013 34. Paragraph 2 of Schedule 2 to the Protected Disclosures Act 2014 Statutory Instruments 1. Regulation 11 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003 ) 2. Regulation 16 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 ( S.I. No. 507 of 2006 ) 3. Paragraph 3 of Schedule 2 to the European Communities (European Public Limited - Liability Company) (Employee Involvement) Regulations 2006 ( S.I. No. 623 of 2006 ) 4. Paragraph 3 of Schedule 2 to the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 ( S.I. No. 259 of 2007 ) 5. Paragraph 2 of Schedule 4 to the European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 ( S.I. No. 285 of 2007 ) 6. Paragraph 3 of Schedule 2 to the European Communities (Cross-Border Mergers) Regulations 2008 ( S.I. No. 157 of 2008 ) 7. Regulation 9 of 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 ) 8. Regulation 19 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 ( S.I. No. 36 of 2012 ) SCHEDULE 7
\nAmendment of Acts of the Oireachtas Reference
\nNo. 26 of 1946 Industrial Relations Act 1946 The following section is substituted for section 45A: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 45A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of an employment regulation order in relation to a worker 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 employment regulation order, 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 of the circumstances, but not exceeding 2 years’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .”.
\nThe following section is substituted for section 45B: “Decision of Labour Court on appeal from decision referred to in section 45A 45B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 45A, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n2.
\nNo. 4 of 1973 Minimum Notice and Terms of Employment Act 1973 The following section is substituted for section 12: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 12. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 4(2) or 5 may, where the adjudication officer finds that that section was contravened by the employer in relation to the employee who presented the complaint, include a direction that the employer concerned pay to the employee compensation for any loss sustained by the employee by reason of the contravention.
\nThe following section is inserted: “Decision of Labour Court on appeal from decision referred to in section 12 12A. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 12, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n3.
\nNo. 7 of 1977 Protection of Employment Act 1977 The following sections are inserted in Part II: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 11A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 9 or 10 shall do one or more of the following, namely— (a) declare that the complaint is or, as the case may be, is not well founded, (b) require the employer to comply with the provision of the Act of 1977 concerned and, for that purpose, to take a specified course of action, (c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .
\nDecision of Labour Court on appeal from decision referred to in section 11A 11B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 11A, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n4.
\nNo. 25 of 1991 Payment of Wages Act 1991 The following section is substituted for section 6: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 5 as respects a deduction made by an employer from the wages of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding— (a) the net amount of the wages (after the making of any lawful deduction therefrom) that— (i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or (ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment, or (b) if the amount of the deduction or payment is greater than the amount referred to in paragraph (a), twice the former amount.
\nThe following section is substituted for section 7: “Decision of Labour Court on appeal from decision referred to in section 6 7. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 6, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n5.
\nNo. 5 of 1994 Terms of Employment (Information) Act 1994 The following section is substituted for section 7: “Complaint to adjudication officer under section 41 of Workplace Relations Act 2015 7. (1) An employee shall not be entitled to present a complaint under section 41 of the Workplace Relations Act 2015 in respect of a contravention of section 3, 4, 5 or 6, if the employer concerned has— (a) complied with a direction under section 6A given in relation to the contravention before the commencement of section 8 of the Workplace Relations Act 2015, or (b) been given a direction under that section in relation to the contravention and the period specified in the direction within which he or she is required to comply with the direction has not yet expired.
\nThe following section is substituted for section 8: “Decision of Labour Court on appeal from decision referred to in section 7 8. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 7, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n6.
\nNo. 34 of 1994 Maternity Protection Act 1994 The following subsection is substituted for subsection (1) of section 30: “(1) This Part does not apply to a dispute relating to— (a) the dismissal of an employee, or (b) a matter that is within the competence of the Authority under the 1989 Act.”.
\nThe following section is substituted for section 32: “Decision under section 41 or 44 of Workplace Relations Act 2015 32. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part II, III or IV (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 20 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the adjudication officer considers just and equitable having regard to all of the circumstances, or (c) both such grant and such award.
\nSection 33A(1) is amended, in the definition of “proceedings” by— (a) the substitution, in paragraph (a), of “ Part 4 of the Workplace Relations Act 2015” for “this Part”, (b) the deletion, in paragraph (b), of “or the Circuit Court”, (c) the substitution of “adjudication officer” for “rights commissioner” in each place that it occurs, and (d) the substitution of “Labour Court” for “Tribunal” in each place that it occurs.
\n7.
\nNo. 2 of 1995 Adoptive Leave Act 1995 The following subsection is substituted for subsection (2) of section 32: “(2) This Part does not apply to— (a) a dispute in relation to a dismissal, including a dismissal within the meaning of the Act of 1977, or the termination of a contract of employment, (b) a claim under Part IV of the Act of 1967 as extended by section 29.”.
\nThe following section is substituted for section 33: “Decision under section 41 or 44 of Workplace Relations Act 2015 33. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an adopting parent and the relevant employer relating to the adopting parent’s entitlements under this Act or any matter in connection with such entitlements may include— (a) such directions to the parties to the complaint as the adjudication officer considers necessary or expedient for the resolution of the matter, and (b) an award of compensation (in favour of the adopting parent to be paid by the employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the adopting parent’s employment calculated in accordance with regulations under section 32, as the adjudication officer considers just and equitable having regard to all of the circumstances.
\n8.
\nNo. 16 of 1996 Protection of Young Persons (Employment) Act 1996 The following section is substituted for section 18: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 18. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 13 or 17 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) order the employer to take a specified course of action, (c) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances.”.
\nThe following section is substituted for section 19: “Decision of Labour Court on appeal from decision referred to in section 18 19. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 18, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n9.
\nNo. 20 of 1996 Transnational Information and Consultation of Employees Act 1996 The following section is inserted: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 17A. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 17 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) order the employer to take a specified course of action, (c) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances.”.
\nThe following section is inserted: “Decision of Labour Court on appeal from decision referred to in section 17A 17B. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 17A, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n10.
\nNo. 20 of 1997 Organisation of Working Time Act 1997
\n“(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision 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 relevant provision, (c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
\nThe following section is substituted for section 28: “Decision of Labour Court on appeal from decision referred to in section 27(3) 28. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision of an adjudication officer referred to in subsection (3) of section 27 shall affirm, vary or set aside the decision of the adjudication officer.”.
\n11.
\nNo. 30 of 1998 Parental Leave Act 1998
\n“(2) This Part does not apply to a dispute— (a) relating to a dismissal from employment, including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2007, (b) consisting of a question to which section 39(15) of the Redundancy Payments Act 1967 , applies.”.
\nThe following section is substituted for section 21: “Decision under section 41 or 44 of Workplace Relations Act 2015 21. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and his or her employer relating to the entitlements of the employee under this Act (or any matter arising out of or related to those entitlements or otherwise arising under this Act) or a decision of the Labour Court under section 44 of the said Workplace Relations Act 2015 on appeal from the first-mentioned decision, may contain such directions to the parties concerned as the adjudication officer or the Labour Court, as the case may be, considers necessary or expedient for the resolution of the dispute or matter and such other redress as the adjudication officer or the Labour Court, as the case may be, considers appropriate having regard to all of the circumstances and the provisions of this Act, and accordingly may specify— (a) the grant to the employee of parental leave of such length to be taken at such time or times and in such manner as may be so specified, (b) an award of compensation in favour of the employee concerned to be paid by the employer concerned, or (c) both a grant referred to in paragraph (a) and an award referred to in paragraph (b).
\n12.
\nNo. 49 of 1998 Protections for Persons Reporting Child Abuse Act 1998
\n(a) the substitution, in subsection (2), of “under Part 4 of the Workplace Relations Act 2015 before an adjudication officer or the Labour Court” for “under this section before a rights commissioner or the Employment Appeals Tribunal”, (b) the substitution, in subsection (3), of “under Part 4 of the Workplace Relations Act 2015” for “under this section”, (c) the substitution of the following subsection for subsection (5): “(5) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) 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 subsection (1), and, for that purpose, require the employer to take a specified course of action, (c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .”, and (d) the substitution of the following subsection for subsection (6): “(6) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (5), shall affirm, vary or set aside the decision of the adjudication officer.”, and (e) the deletion of subsection (7).
\n13.
\nNo. 5 of 2000 National Minimum Wage Act 2000
\n(a) the substitution of the following subsection for subsection (1): “(1) For the purposes of this section, a dispute between an employee and his or her employer as to the employee’s entitlements under this Act exists where the employee and his or her employer cannot agree on the appropriate entitlement of the employee to pay in accordance with this Act resulting in an alleged underpayment to the employee.”, (b) the deletion of subsections (3), (5), (6) and (7), (c) the substitution, in subsection (2), of “The Director General of the Workplace Relations Commission shall not entertain a dispute in relation to an employee’s entitlements under this Act and, accordingly, shall not refer the dispute to an adjudication officer under section 41 of the Workplace Relations Act 2015” for “A dispute cannot be referred to or dealt with by a rights commissioner”, and (d) the substitution, in subsection (4), of— (i) “an adjudication officer” for “a rights commissioner”, and (ii) “the adjudication officer” for “the rights commissioner”.
\n(a) the deletion, in subsection (1), of “, and sections 24 to 32 (except section 24(2)), with the necessary modifications, shall apply accordingly”, (b) the deletion of subsection (2), and (c) the substitution of the following subsection for subsection (3): “(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a matter that, by virtue of subsection (1), is a dispute for the purposes of section 24, it shall be presumed unless the contrary is proved on the balance of probabilities that any reduction in hours of work was for the purpose of avoiding the alleged increased liability referred to in subsection (1).”.
\nThe following section is substituted for section 26: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 26. (1) A decision of an adjudication officer in relation to a dispute in respect of the entitlements of an employee under this Act referred to the adjudication officer under section 41 of the Workplace Relations Act 2015 may contain— (a) a direction to the employer to pay to the employee— (i) an award of arrears, being the difference between any amount paid or allowed by the employer to the employee for pay and the minimum amount the employee was entitled to be paid or allowed in accordance with this Act in respect of the period to which the dispute relates, and (ii) reasonable expenses of the employee in connection with the dispute, (b) a requirement that the employer rectify, within a specified time (not being later than 42 days after the date the decision is communicated to the employer) or in a specified manner, any matter, including the payment of any amount, in respect of which the employer is in contravention of this Act, or (c) both such direction and such requirement, as the adjudication officer considers appropriate.
\nThe following section is substituted for section 29: “Decision of Labour Court on appeal from decision referred to in section 26 29. (1) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision of an adjudication officer referred to in section 26 shall either— (a) affirm the decision of the adjudication officer, or (b) contain— (i) a direction to the employer to pay to the employee— (I)an award of arrears, being the difference between any amount paid or allowed by the employer to the employee for pay and the minimum amount the employee was entitled to be paid or allowed in accordance with this Act in respect of the period to which the dispute relates, and (II)reasonable expenses of the employee in connection with the dispute, (ii) a requirement that the employer rectify, within a specified time (not being later than 42 days after the date the decision is communicated to the employer) or in a specified manner, any matter, including the payment of any amount, in respect of which the employer is in contravention of this Act, or (iii) both such direction and such requirement, as the Labour Court considers appropriate.”.
\n“(6) In this section ‘inspector’ has the same meaning as it has in the Workplace Relations Act 2015.”.
\n14.
\nNo. 19 of 2001 Carer’s Leave Act 2001
\n“ ‘Minister’ means the Minister for Justice and Equality;”.
\n(a) in subsection (1), by the deletion of the words “applies to any dispute between an employee and the employer relating to any entitlement of the employee under this Act (or any matter arising out of or related to such an entitlement) but”, and (b) in subsection (2), by the substitution of “an adjudication officer within the meaning of the Workplace Relations Act 2015 or the Labour Court, as may be appropriate,” for “the rights commissioner”.
\nThe following section is substituted for section 21: “Decision under section 41 or 44 of Workplace Relations Act 2015 21. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute to which this Part applies between an employee and an employer concerning the employee’s entitlements under this Act may include— (a) a grant of carer’s leave to the employee of such length to be taken at such time or times and in such manner as the adjudication officer may specify, (b) an award of compensation (in favour of the employee concerned to be paid by the employer concerned) of such amount, not exceeding 26 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the adjudication officer considers just and equitable having regard to all of the circumstances, or (c) both such grant and such award.
\n15.
\nNo. 27 of 2001 Prevention of Corruption (Amendment) Act 2001 Schedule 1 is amended— (a) in paragraph 1, by— (i) the substitution of the following subparagraph for subparagraph (1): “(1) In proceedings under Part 4 of the Workplace Relations Act 2015 in respect of a complaint of a contravention of section 8A(5), it shall not be necessary for the employee to show that he or she has at least one year’s continuous service with the employer concerned.”, (ii) the substitution of the following subparagraph for subparagraph (3): “(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 8A(5) 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 take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal within the meaning of section 8A(13), reinstatement or reengagement, or (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .”, (b) by the substitution of the following paragraph for paragraph 2: “2. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1(3), shall affirm, vary or set aside the decision of the adjudication officer.”, (c) in paragraph 3 by— (i) the substitution of the following subparagraph for subparagraph (7): “(7) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that section 8A(5) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.”, (ii) the substitution, in clause (a) of subparagraph (8), of “a complaint in respect of the contravention shall not be referable to an adjudication officer under section 41 of the Workplace Relations Act 2015 or a mediation officer under section 39 of that Act” for “such dismissal may not be presented to a rights commissioner under paragraph 1(1) ”, and (iii) the substitution, in clause (b) of subparagraph (8), of “a complaint to the Director General of the Workplace Relations Commission under
\nsection 41 of the Workplace Relations Act 2015 in respect of a contravention” for “a complaint to a rights commissioner under paragraph 1(1) in respect of a dismissal”.
\n16.
\nNo. 45 of 2001 Protection of Employees (Part-Time Work) Act 2001
\nThe following section is substituted for section 16: “Decision of adjudication officer under section 41 of the Workplace Relations Act 2015 16. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 9 or 15 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 relevant provision, (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
\nThe following section is substituted for section 17: “Decision of Labour Court on appeal from a decision referred to in section 16 17. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 16, shall affirm, vary or set aside the decision of the adjudication officer.”
\n17.
\nNo. 14 of 2002 Competition Act 2002 Schedule 3 is amended— (a) in paragraph 2, by the substitution of “ Part 4 of the Workplace Relations Act 2015” for “this Schedule before a rights commissioner or the Employment Appeals Tribunal”, (b) in paragraph 3, by the substitution of “ Part 4 of the Workplace Relations Act 2015” for “this Schedule”, (c) by the substitution of the following paragraph for paragraph 5: “5. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 50(3) 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 section 50(3) and, for that purpose, require the employer to take a specified course of action, (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977 .”, (d) the insertion of the following paragraph: “6A. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 5, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n18.
\nNo. 29 of 2003 Protection of Employees (Fixed-Term Work) Act 2003 The following section is substituted for section 14: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 14. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of this Act shall do one or more of the following, namely— (a) declare whether the complaint was or was not well founded, (b) require the employer to comply with the relevant provision, (c) require the employer to reinstate or reengage the employee (including on a contract of indefinite duration), or (d) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
\nThe following section is substituted for section 15: “Decision of Labour Court on appeal from decision referred to in section 14 15. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 14, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n19.
\nNo. 4 of 2004 Industrial Relations (Miscellaneous Provisions) Act 2004 The following subsection is substituted for subsection (5) of section 9: “(5) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 8 shall do one or more of the following, namely— (a) declare that the complaint is or, as the case may be, is not well founded, (b) direct that the conduct the subject of the complaint cease, or (c) require the respondent to pay to the complainant compensation of such amount (if any) as the adjudication officer considers just and equitable in the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”.
\nThe following section is substituted for section 10: “Decision of Labour Court on appeal from decision referred to in section 9 10. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (5) of section 9, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n20.
\nNo. 42 of 2004 Health Act 2004 Section 55M is amended— (a) in subsection (2), by the substitution of “adjudication officer under section 41 of the Workplace Relations Act 2015” for “rights commissioner”, (b) in subsection (3), by the substitution of “under Part 4 of the Workplace Relations Act 2015” for “before a rights commissioner or the Labour Court”, (c) in subsection (4), by the substitution of “ Part 4 of the Workplace Relations Act 2015” for “this section”, (d) the substitution of the following subsection for subsection (6): “(6) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of subsection (1) 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 subsection (1) and to take a specified course of action, or (c) order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances.”, and (e) the substitution of the following subsection for subsection (11): “(11) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in subsection (6), shall affirm, vary or set aside the decision of the adjudication officer.”.
\n21.
\nNo. 10 of 2005 Safety, Health and Welfare at Work Act 2005 The following section is substituted for section 28: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 28. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 27 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 take a specified course of action, or (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances.”.
\nThe following section is substituted for section 29: “Decision of Labour Court on appeal from decision referred to in section 28 29. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 28, shall affirm, vary or set aside the decision of the adjudication officer.”.
\n22.
\nNo. 9 of 2006 Employees (Provision of Information and Consultation) Act 2006 Schedule 3 is amended by— (a) the substitution of the following paragraph for paragraph 1: “Decision of adjudication officer under section 41 of Workplace Relations Act 2015 1. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 13 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 take a specified course of action, or (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances but not exceeding 2 years’ remuneration in respect of the employee’s employment.”, and (b) the substitution of the following paragraph for paragraph 2: “Decision of Labour Court on appeal from decision referred to in paragraph 1 2. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision of an adjudication officer referred to in paragraph 1 shall affirm, vary or set aside the decision of the adjudication officer.”, 23.
\nNo. 16 of 2006 Employment Permits Act 2006 Schedule 2 is amended— (a) by the substitution of the following paragraph for paragraph 1: “1. A decision of an adjudication officer under section 41