Industrial Relations Act , 1946

PART I. Preliminary and General.

1. Short title.

1.—This Act may be cited as the Industrial Relations Act, 1946.

2. Commencement.

2.—This Act shall come into operation on the day appointed for the purpose by order of the Minister.

3. Definitions generally.

3.—In this Act—

the expression “the Court” means the Labour Court;

the expression “the Minister” means the Minister for Industry and Commerce;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “registered joint industrial council” has the meaning given to it by section 59 of this Act;

the expression “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person F1[and includes any such dispute or difference between employers and workers where the employment has ceased,];

the expression “trade union” means a trade union which is the holder of a negotiation licence granted under the Trade Union Act, 1941 (No. 22 of 1941).

4. “worker”.

4.—F2[…]

5. Regulations.

5.—The Minister may make regulations in relation to anything referred to in this Act as prescribed.

6. Laying of regulations before Houses of the Oireachtas.

6.—Every regulation made 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 House, within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7. Prosecutions by the Minister.

7.—An offence under any section or subsection contained in this Act may be prosecuted by the Minister.

8. Repeals.

8.—The enactments specified in the second column of the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

9. Expenses.

9.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. The Labour Court.

10. Establishment of the Labour Court.

10.—(1)There shall be a body, to be known as the Labour Court, to fulfil the functions assigned to it by this Act.

(2)F3[…]

F4[(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 thePublic 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.]

F5[(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.]

F6[(3B) The Minister may reappoint a person whose term of office as chairman expires by the efflux of time to be the chairman.]

F7[(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.]

F8[(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.

(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.]

(5)If, when a particular appointment of workers’ members (or, in the event of a casual vacancy, a workers’ member) is to be made—

(a)more than one organisation representative of trade unions of workers is in being, and

(b)the Minister is of opinion that it is undesirable that the appointment should be made under subsection (4) of this section,

he may, by regulations, declare that the appointment, instead of being made under the said subsection (4), shall be made under this subsection, and thereupon the following provisions shall have effect—

(i)the Minister shall invite trade unions of workers and organisations representative of trade unions of workers to nominate persons for appointment, and

(ii)he shall make the appointment from amongst the persons so nominated.

(6)The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the office of chairman or ordinary member of the Court.

(7)An ordinary member shall, unless he dies, resigns or is removed, hold office—

(a)if appointed under subsection (4) of this section, for such period, not exceeding five years, as shall be fixed by the Minister when appointing him,

(b)if appointed under subsection (5) of this section, for five years or, if the regulations, by virtue of which he was appointed, are sooner revoked or annulled, until such revocation or annulment.

(8)An ordinary member may be removed from office by the Minister for stated reasons but, if the organisation by which he was nominated is in being, only with the consent of that organisation.

(9)The chairman and the ordinary members shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines.

(10)The Chairman shall devote the whole of his time to the work of the Court.

(11)An ordinary member shall not hold the office of trustee, treasurer, secretary or any other office in, or be a member of any committee of, a trade union, or hold any office or employment which would prevent him from being at all times available for the work of the Court.

(12)A person shall not be appointed to be chairman or a member of the court unless he is ordinarily resident in the State.

F9[(13)The chairman and the ordinary members shall be independent in the performance of their functions.]

11. Divisions of the Court.

11.—F10[…]

12. Deputy Chairman

12.—F11[…]

13. Registrar and officers and servants of the Court.

13.—(1)(a)The Minister shall appoint to be registrar of the Court a practising barrister or practising solicitor of not less than ten years’ standing.

(b)For the purposes of paragraph (a) of this subsection, service in a situation in the Civil Service, for appointment to which only barris ters and solicitors were eligible, shall be treated as practice as a barrister or solicitor.

(2)The Minister, after consultation with the Court and with the consent of the Minister for Finance, may appoint such officers and servants of the Court as he thinks necessary to assist the Court in the performance of its functions.

(3)The registrar, officers and servants of the Court shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

14. Technical assessors.

14.—(1)The Court may appoint technical assessors to assist it on any matter relating to proceedings before the Court.

(2)Technical assessors shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines.

15. Places for sittings of the Court and lodgment of documents.

15.—(1)The headquarters of the Court shall be at Dublin, but sittings of the Court may be held elsewhere in the State.

(2)The Court may designate suitable places at which documents for the Court may be lodged.

16. Conciliation officers.

16.—F12[…]

17. Finality of decisions of the Court.

17.—No appeal shall lie from the decision of the Court on any matter within its jurisdiction to a court of law.

18. Seal of the Court.

18.—(1)The Court shall have an official seal which shall be judicially noticed.

(2)The seal of the Court shall, when affixed to any document, be authenticated by the signature of the chairman or the registrar of the Court or of a person authorised by the Court to authenticate it.

(3)Every document purporting to express an order, award or other decision of the Court and to be sealed with the seal of the Court authenticated in accordance with this section shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and shall, unless as aforesaid, be received in evidence as such order, award or decision without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.

19. Proof of orders of the Court.

19.—(1)Section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to every order of the Court.

(2)Subsection (1) of section 6 of the Documentary Evidence Act, 1925, is hereby amended by adding to the official documents mentioned in that subsection orders of the Court, and the said section 6 shall have effect accordingly.

20. Procedure of the Court.

20.—(1)Subject to section 11 of this Act and subsection (2) of this section, the quorum for a meeting or sitting of the Court shall be five.

(2)The chairman may direct that, for the consideration of a particular matter, the Court shall consist of the chairman and two ordinary members selected by him, namely, a workers’ member and an employers’ member, and, if the chairman so directs, no other member shall act as a member of the Court in respect of that matter.

(3)Where—

(a)any question arises under this Act at a meeting or sitting of the Court, and

(b)the members of the Court are unable to agree upon the determination of the question,

the following provisions shall have effect—

(i)if the majority of the ordinary members agree upon the determination of the question, the question shall be determined accordingly,

(ii)if a majority of the ordinary members do not agree, but a majority of all the members agree, the question shall be determined, accordingly,

(iii)otherwise, the question shall be determined in accordance with the opinion of the chairman.

(4)The decision of the Court shall be pronounced by the chairman or such other member as the chairman shall authorise for the purpose, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.

(5)Subject to this section, the Court may make rules for the regulation of its proceedings.

F13[(5A) Without prejudice to the generality of subsection (5), rules under that subsection may make provision in relation to any or all of the following matters:

(a) the bringing of appeals to the Court under Part 4 of the Workplace Relations Act 2015;

(b) the hearing of appeals by the Court under section 28 of that Act or the said Part 4;

(c) the times and places of hearings of such appeals;

(d) the representation of the parties at the hearing of such appeals;

(e) the notification and publication of decisions of the Labour Court on the hearing of such appeals;

(f) the giving of notice of appeal from decisions of adjudication officers;

(g) any matters consequential on, or incidental to, any of the foregoing matters.]

(6)Rules under this section may provide for the cases in which persons may appear before the Court by counsel or solicitor and, except as so provided, no person shall be entitled to appear by counsel or solicitor before the Court.

(7)The Court may hold any sitting or part of a sitting in private.

21. Power of Court to summon witnesses, etc.

21.—(1)F14[The Court may, for the purposes of any proceedings before it underF15[this Act, theRedundancy Payments Act 1967,the Unfair Dismissals Act 1977,the Protection of Employees (Employers’ Insolvency) Act 1984or Part 4 of theWorkplace Relations Act 2015, or any investigation under theEmployment Equality Act 1998or theIndustrial Relations (Amendment) Act 2001,]do all or any of the following things]—

(a)summon witnesses to attend before it,

F16[(b) take evidence on oath and, for that purpose, cause to be administered oaths to persons attending as witnesses before it,]

(c)require any such witness to produce to the Court any document in his power or control.

(2)A witness before the Court shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3)If any person—

(a)on being duly summoned as a witness before the Court makes default in attending, or

(b)being in attendance as a witness refuses to take an oath legally required by the Court to be taken, or to produce any document in his power or control legally required by the Court to be produced by him, or to answer any question to which the Court may legally require an answer,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

F17[(3A)A person who, in or for the purpose of proceedings before the Court, gives a statement material in the proceedings while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.]

F18[(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.]

F19[(5) A document purporting to be signed by the chairman or the registrar of the Court stating that—

(a) a person named in the document was, by summons under subsection (1), required to attend before the Court on a day and at a time and place specified in the document, and

(b) a sitting of the 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.]

22. Prohibition on disclosure of information.

22.—The Court shall not include in any report any information obtained by it in the course of any proceedings before it under this Act as to any trade union or as to the business carried on by any person which is not available otherwise than through evidence given at the proceedings, without the consent of the trade union or persons concerned, nor shall any member of the Court or the registrar or any officer or servant of the Court or any person concerned in the proceedings, without such consent, disclose any such information.

23. Reports, etc., by Court.

23.—(1)The Court shall, as soon as may be after the expiration of each year, make to F20[the Minister] a general report (in this section referred to as an annual report) of its proceedings under this Act during that year.

(2)F21[…]

(3)An annual report shall contain particulars, of each registered joint industrial council together with the name of the secretary of the council and the address of its principal office.

(4)A copy of each annual report shall be laid before each House of the Oireachtas.

(5)The Court shall furnish to the Minister a copy of each order, recommendation and award made by the Court under this Act as soon as may be after it is made.