EMPLOYMENT EQUALITY ACT, 1998

• (b) any reference to the respondent shall be construed as a reference to the person who, in the opinion of the Authority, practised the discrimination or, as the case may require, was responsible for the failure to comply with the equal remuneration term or equality clause or for the victimisation or the publication or display or for the procurement or attempted procurement, and

• (c) any reference to the parties shall be taken to include, in the case of a matter referred by virtue of any of paragraphs (a) to (c) of subsection (1), any person who was discriminated against or victimised or suffered from the failure to comply as mentioned in the paragraph concerned.

• (3) In a decision under section 79, as applied by subsection (2), the following types of redress shall be available:

• (a) redress as under section 82 (construing references in that section to the complainant as references to the person referred to in subsection (2)(c));

• (b) where the reference was by virtue of subsection (1)(d), a decision that a publication or display was or was not made in contravention of section 10; and

• (c) where the reference was by virtue of paragraph (e) or (f) of subsection (1), a decision that the person concerned has or has not procured or attempted to procure as mentioned in the paragraph concerned.

• (4) Subsection (5) applies in a case where the Authority satisfies the High Court or, as the case may be, the Circuit Court that, following a decision under section 79, as applied by subsection (2), in a matter referred by virtue of any paragraph of subsection (1), there is a likelihood of—

• (a) further discrimination or victimisation,

• (b) a further failure to comply with an equal remuneration term or equality clause,

• (c) a further publication or display in contravention of section 10, or

• (d) further procuring or attempting to procure as mentioned in paragraph (e) or (f) of subsection (1), by a person in relation to whom the decision was made, and of the type the subject of the decision.

• (5) In a case to which this subsection applies, the High Court or the Circuit Court, on the motion of the Authority specifying the person in question, may grant an injunction to prevent that person from continuing any conduct (such as is mentioned in subsection (4)), of a type so specified.

• F157[(5A) Where the Authority refers, or is considering whether to refer, a matter to the F156[Director General of the Workplace Relations Commission] under subsection (1) in relation to a person referred to in any of paragraphs (a) to (c) of that subsection, subsections (5) to (8) of section 67 shall apply and have effect in relation to that person as those subsections do in relation to a person requesting assistance under that section.]

• (6) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person specified in the Authority’s motion ordinarily resides or carries on any profession, business or occupation.

85A. F158[Burden of proof.

85A.—(1) Where in any proceedings facts are established by or on behalf of a complainant from which it may be presumed that there has been discrimination in relation to him or her, it is for the respondent to prove the contrary.

• (2) This section is without prejudice to any other enactment or rule of law in relation to the burden of proof in any proceedings which may be more favourable to a complainant.

• (3) Where, in any proceedings arising from a reference of a matter by the Authority to the F159[Director General of the Workplace Relations Commission] under section 85(1), facts are established by or on behalf of the Authority from which it may be presumed that an action or a failure mentioned in a paragraph of that provision has occurred, it is for the respondent to prove the contrary.

• (4) In this section "discrimination" includes—

• (a) indirect discrimination,

• (b) victimisation,

• (c) harassment or sexual harassment,

• (d) the inclusion in a collective agreement to which section 9 applies of a provision which, by virtue of that section, is null and void.

• (5) The European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001), in so far as they relate to proceedings under this Act, are revoked.]

85B. F160[Application to Circuit Court or High Court in case of failure to comply with regulations made under section 20A

85B. (1) Subject to subsection (3), where the Irish Human Rights and Equality Commission is satisfied that it has reasonable grounds for believing that there has been a failure by a person (in this section referred to as the "person concerned") to comply with regulations made under section 20A, it may make an application to the Circuit Court or the High Court for the grant of an order requiring the person concerned to comply with those regulations.

• (2) The Circuit Court or the High Court may grant the order sought by an application under subsection (1) if the Court is satisfied that the person concerned has failed to comply with regulations made under section 20A.

• (3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person concerned ordinarily resides or carries on any profession, business or occupation.]

85C. F161[Redress through Workplace Relations Commission

85C. (1) An employee (in this section referred to as the "complainant") who claims that his or her current employer (in this section referred to as the "respondent") has failed to comply with regulations made under section 20A (such claim in this section being referred to as the "complaint") may refer the complaint to the Director General of the Workplace Relations Commission.

• (2)
• (a) Subject to paragraphs (b) and (d), the Director General shall investigate the complaint if he or she is satisfied that there is a prima facie case to warrant the investigation.

• (b) (i) The Director General may, by notice in writing given to the complainant or respondent, or both, require the complainant or respondent, or both, to give to the Director General, within the period specified in the notice (being a period reasonable in the circumstances), such further information that the Director General may reasonably require in order to assist the Director General to decide whether or not there is a prima facie case referred to in paragraph (a).

• (ii) The complainant or respondent given a notice under subparagraph (i) shall comply with the notice.

• (c) The Director General may, as part of an investigation (if any) of the complaint and if he or she considers it appropriate to do so, hear persons appearing to the Director General to be interested and desiring to be so heard.

• (d) Section 77A shall, with all necessary modifications, apply to a complaint as that section applies to a claim.

• (3) Subsections (3A) and (4) of section 79 shall, with all necessary modifications, apply in relation to an investigation by the Director General under subsection (2) as they apply in relation to an investigation by the Director General under that section.

• (4) At the conclusion of an investigation under subsection (2) (including an investigation of a preliminary issue under subsection (3A) of section 79), the Director General shall make and issue a decision and, if the decision is in favour of the complainant—

• (a) the Director General may provide for an order that the respondent take a specified course of action in order to comply with regulations made under section 20A, or

• (b) in the case of a decision on a preliminary issue under subsection (3A) of section 79, it shall be followed by an investigation of the complaint.

• (5) Not later than 42 days from the date of such a decision, the complainant, on notice to the respondent, or the respondent, on notice to the complainant, may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.

• (6) Proceedings under subsection (5) shall be conducted in public unless the Labour Court, upon the application of a party to the proceedings, determines that, due to the existence of special circumstances, the proceedings (or part thereof) should be conducted otherwise than in public.

• (7) The Labour Court shall issue a determination on the appeal under subsection (5) and the Court shall have power to grant such redress as the Director General has under subsection (4)(a).

• (8) Notwithstanding anything in section 89, the publication of decisions and determinations shall include the names of the complainant and respondent.]

Collective Agreements

86. Reference of collective agreements to F162[Director General of the Workplace Relations Commission].

86.—(1) If the Authority or a person who is affected by a collective agreement claims that a provision of that agreement is null and void by virtue of section 9, the Authority or that person may refer the question of that agreement to the F162[Director General of the Workplace Relations Commission]; and in this section (and section 87) the Authority or the person making such a reference is referred to as “the complainant”.

• (2) For the purposes of this section (and section 87)—

• (a) the expression “collective agreement” shall be taken to include an order or agreement falling within paragraph (b) or (c) of section 9 (3),

• (b) a person is affected by a collective agreement if that person is an employee whose remuneration or whose conditions of employment are, in whole or in part, governed by the agreement (or any part of it), and

• (c) “the respondents” means the parties to the agreement, other than (where relevant) the complainant.

• (3) Subject to subsection (4), where a collective agreement is referred to the F162[Director General of the Workplace Relations Commission] under this section, the F162[Director General of the Workplace Relations Commission] shall consider whether the question of the possible nullity of a provision of the agreement appears to be one which could be resolved by mediation and—

• (a) if the F162[Director General of the Workplace Relations Commission] considers that the question could be so resolved, the F162[Director General of the Workplace Relations Commission] shall refer the agreement to an F163[mediation officer] for mediation in accordance with section 87, and

• (b) if the F162[Director General of the Workplace Relations Commission] considers that the question could not be so resolved, the F162[Director General of the Workplace Relations Commission] shall proceed in accordance with paragraph (b) or (c) of subsection (4).

• (4) If the complainant or the respondents object to a reference under subsection (3)(a) (or if section 78(7) applies in accordance with subsection (6)) the Director—

• (a) shall not exercise the powers under subsection (3)(a),

• (b) shall investigate the agreement and, for that purpose, hear all persons appearing to the F162[Director General of the Workplace Relations Commission] to be interested and desiring to be heard, and

• (c) shall issue a decision in accordance with section 87,

and subsections (3) and (4) of section 79 shall apply in relation to an investigation by the F162[Director General of the Workplace Relations Commission] under this subsection as they apply in relation to an investigation by the F162[Director General of the Workplace Relations Commission] under that section.

• (5) Mediation under subsection (3) or an investigation under subsection (4) shall be conducted in private.

• (6) Where a collective agreement is referred for mediation under subsection (3), subsections (5) to (7) of section 78 shall apply as they apply where a case which has been referred to an F163[mediation officer] under section 78(1) but, for the purpose of that application—

• (a) references in those subsections to the complainant and the respondent shall be construed as references to the complainant and the respondents, within the meaning of this section, and

• (b) section 78(7) shall have effect as if, for the words following paragraph (c) thereof, there were substituted “the Director shall investigate the matter of the agreement under section 86(4)”.

87. Mediation, decisions and appeals relating to collective agreements.

87.—(1) Where a collective agreement is referred to the F164[Director General of the Workplace Relations Commission] under section 86, it shall be the purpose of—

• (a) mediation by an F164[mediation officer] under subsection (3) of that section, or

• (b) a decision of the F164[Director General of the Workplace Relations Commission] under subsection (4) of that section,

to identify which (if any) provisions of the agreement are null and void by virtue of section 9 and, if the F164[mediation officer] or, as the case may be, the F164[Director General of the Workplace Relations Commission] thinks it appropriate, to provide guidance to the parties to the agreement as to how alternative or amended provisions might be devised which it would be lawful to include in the agreement.

• (2) Not later than 42 days from the date of such a decision as is referred to in subsection (1)(b), the complainant or the respondent may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.

• (3) The Labour Court shall hear an appeal under subsection (2) in private unless, at the request of one of the parties, it determines to hold the appeal, or so much of it as it does not consider should be treated as confidential, in public, and the enactments specified in section 83 (3) shall apply to such an appeal as they apply to an appeal under section 83.

• (4) In its determination of an appeal under subsection (2) the Labour Court shall seek to achieve the purpose specified in subsection (1).

• (5) In this section “collective agreement”, “the complainant” and “the respondent” have the same meaning as in section 86.

Decisions and Determinations Generally

88. Form and content of decisions and determinations.

88.—(1) Every decision of the F165[Director General of the Workplace Relations Commission] or determination of the Labour Court under this Part shall be in writing and—

• (a) if the F165[Director General of the Workplace Relations Commission] or the Labour Court thinks fit, or

• (b) if any of the parties so requests,

the decision or determination shall include a statement of the reasons why the F165[Director General of the Workplace Relations Commission] reached that decision or, as the case may be, why the Labour Court reached that determination.

• (2) By notice in writing to the parties, the F165[Director General of the Workplace Relations Commission] or, as the case may be, the Chairman of the Labour Court may correct any mistake (including an omission) of a verbal or formal nature in a decision or determination under this Part.

• (3) In this section “the parties” means—

• (a) in the case of a decision F166[…] under section 79, the complainant and the respondent as defined in section 77(4),

• (b) in the case of a determination under section 83, the parties to the appeal,

• (c) in the case of a decision under section 85, the Authority and the persons referred to in subsections (2) (b) and (c) of that F167[section,]

• F168[(ca) in the case of a decision or determination under section 85C, the complainant and the respondent, within the meaning of that section, and]

• (d) in the case of a decision under section 86 or a determination under section 87, the complainant and the respondents, within the meaning of section 86.

• (4) If any person who participated in an investigation under section 79 or 86 is not correctly identified in the resulting decision or determination, the correction of that error shall be regarded as falling within subsection (2).

89. Supply and publication of decisions and determinations.

89.—(1) A copy of every decision of the F169[Director General of the Workplace Relations Commission] under this Part shall be given—

• (a) to each of the parties, and

• (b) to the Labour Court,

and every such decision shall be published F170[on the internet in such form and in such manner as the Director General of the Workplace Relations Commission considers appropriate].

• (2) A copy of every determination of the Labour Court under this Part shall be given to each of the parties; and every such determination shall be published and a copy thereof made available for inspection at the office of the Labour Court.

• (3) In this section “the parties” has the same meaning as in section 88.

• (4) Any reference in this section to a decision or determination includes a reference to any statement of reasons included in the decision or determination as mentioned in section 88(1).

• (5) The contents of any document which is published or made available by virtue of this section shall be protected by absolute privilege.

90. Appeals and references from the Labour Court.

90.—F171[(1) Where a determination is made by the Labour Court on an appeal under this Part, either of the parties may appeal to the High Court on a point of law.

• (2) The Labour Court may—

• (a) refer to the High Court a point of law arising in the course of such an appeal, and

• (b) if it thinks it appropriate, adjourn the appeal pending the outcome of the reference.]

• (3) F172[…]

• (4) F172[…]

• (5) F172[…]

• (6) F172[…]

Enforcement by Circuit Court

91. Enforcement of determinations, decisions and mediated settlements.

F173[91. (1) Section 43 of 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.

• (2) Section 45 of 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,".]

92. Additional powers of Circuit Court on enforcement.

92.—F174[…]

93. Compensation in lieu of re-instatement or re-engagement.

93.—(1) On an application under section 91 which relates to a determination F175[or decision] requiring an employer to re-instate or re-engage an employee, the Circuit Court may, if in all the circumstances it considers it appropriate to do so, instead of making an order under subsection (1) of that section, make a compensation order under this section.

• (2) A compensation order under this section is an order directing the employer (in lieu of re-instatement or re-engagement) to pay compensation to the employee.

• (3) The maximum amount of compensation which may be ordered under this section is an amount equal to 104 times the amount of the employee’s weekly remuneration at the rate which the employee was receiving at the date of the reference of the case under section 77 or would have received at that date but for the discrimination in question.

Information

94. Powers to enter premises, obtain information, etc.

94.—(1) Subject to subsection (3), this section has effect for the purpose of enabling information to be obtained which the F176[Director General of the Workplace Relations Commission] or the Labour Court may require to enable them to exercise their functions under this Part; and in this section—

• (a) a “designated officer” means the F176[Director General of the Workplace Relations Commission], the Chairman of the Labour Court F177[, an inspector appointed under section 26 of the Act of 2015], an F176[adjudication officer] or a person authorised in that behalf by the F176[Director General of the Workplace Relations Commission] or the Chairman, and

• (b) “material information” means information which a designated officer has reasonable grounds for believing to be relevant for the purpose set out above.

• (2) For the purpose set out in subsection (1), a designated officer may do any one or more of the following:

• (a) at all reasonable times, peaceably enter premises;

• (b) require any person to produce to the designated officer any records, books, documents or other things which are in that person’s power or control and which the designated officer has reasonable grounds for believing to contain material information and to give the designated officer such information and access as may reasonably be required in relation to the contents of any such records, books, documents or other things;

• (c) inspect and copy or take extracts from any such records, books, documents or other things;

• (d) inspect any work in progress at any premises.

• (3) An F176[adjudication officer] who is nominated by the F176[Director General of the Workplace Relations Commission] under section 80(4) to investigate and prepare a report on a question specified by the Circuit Court may, for the purpose of that investigation and report, exercise any of the powers in paragraphs (a) to (d) of subsection (2); and, for the purpose of the application of this section in such a case—

• (a) any reference in subsections (2), (5) and (6) to a designated officer shall be construed as a reference to the F176[adjudication officer] who is so nominated, and

• (b) “material information” shall be construed as information which that F176[adjudication officer] has reasonable grounds for believing to be relevant for the purpose of the investigation and report.

• (4) The powers conferred by subsection (2) shall not be exercised in respect of a dwelling or any person, record, book, document or other thing in a dwelling unless—

• (a) where the powers are to be exercised by virtue of subsection (1), the Minister (or an officer of the Minister authorised by the Minister in that behalf) certifies in writing that there are reasonable grounds for believing that there is in the dwelling information which is material to the investigation of a case, or the consideration of an appeal, under this Part, or

• (b) where the powers are to be exercised by virtue of subsection (3), the Circuit Court is satisfied that there are reasonable grounds for believing that there is in the dwelling information which is material to the F176[adjudication officer]’s investigation.

• (5) If a judge of the District Court is satisfied by information on oath of a designated officer that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises, the judge may issue a search warrant under this section.

• (6) A search warrant issued under this section shall be expressed and operate to authorise a named designated officer, accompanied by such other persons as the named designated officer thinks necessary, at any time or times within 1 month from the date of issue of the warrant, on production if so requested of the warrant—

• (a) to enter the premises named in the warrant, if necessary by force,

• (b) to search these premises, and

• (c) to exercise any such power as is described in subsection (2) (b) or (c) in relation to persons and records, books, documents or other things found at the premises.

95. Requirements on persons to provide information.

95.—(1) For the purpose of enabling the F178[Director General of the Workplace Relations Commission] or the Labour Court to exercise their functions under this Part, the F178[Director General of the Workplace Relations Commission] or the Chairman of the Labour Court—

• (a) may require any person who, in the opinion of the F178[Director General of the Workplace Relations Commission] or the Chairman (as the case may be) is in possession of, or has in his or her power or control, any information that is relevant to the exercise of those functions to furnish that information to the F178[Director General of the Workplace Relations Commission] or the Chairman, and

• (b) where appropriate, may require any such person to attend before the F178[Director General of the Workplace Relations Commission] or the Chairman for that purpose,

and the person shall comply with any requirement so made.

• (2) A requirement under subsection (1) may specify a time and place at which information is to be furnished or a person is to attend; and if no such time or place is specified in the requirement, the person to whom the requirement is addressed shall comply with it as soon as is reasonably practicable.

• (3) Any persons required to attend before the F178[Director General of the Workplace Relations Commission] or the Chairman of the Labour Court under subsection (1)(b) shall—

• (a) answer fully and truthfully any questions put to them by the F178[Director General of the Workplace Relations Commission] or the Chairman (other than any question tending to incriminate the person asked), and

• (b) if so requested by the F178[Director General of the Workplace Relations Commission] or the Chairman, sign a declaration of the truth of their answers to any such questions.

• (4) For the purpose of enabling an F178[adjudication officer] nominated by the F178[Director General of the Workplace Relations Commission] under section 80(4) to perform the functions of investigating and preparing a report on a question specified by the Circuit Court, subsections (1) to (3) shall apply with the substitution of a reference to the F178[adjudication officer] for any reference to the F178[Director General of the Workplace Relations Commission].

96. Sanctions for failure or refusal to supply documents, information, etc.

96.—(1) If it appears to the F179[Director General of the Workplace Relations Commission], the Chairman of the Labour Court or an F179[adjudication officer] that any person has failed to comply with—

• (a) a requirement under section 94(2) (b), or

• (b) a requirement under section 95(1),

then, according as the case may require, the F179[Director General of the Workplace Relations Commission], the Chairman or the F179[adjudication officer] may apply to the Circuit Court for an order under this section.

• (2) Subject to subsection (3) if, on an application under this section, the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

• (3) If, on an application under this section, the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

• (a) to produce any record, book, document or other thing, or

• (b) to furnish any information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.

• (4) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.

97. Supplementary provisions as to information.

97.—(1) Where, in the course, or for the purposes, of any investigation, mediation or hearing under this Part, any person discloses information to the Labour Court, the F180[Director General of the Workplace Relations Commission], an F180[mediation officer] or any other person entitled to obtain it, the making of the disclosure shall not give rise to any liability (in contract, tort or otherwise) on the part of the person making it.

• (2) No information furnished to, or otherwise acquired by, the Labour Court, the F180[Director General of the Workplace Relations Commission] or any other person, by virtue of sections 94 to 96, or otherwise in the course, or for the purposes, of any investigation, mediation or hearing under this Part shall be published or otherwise disclosed except—

• (a) for the purposes of such an investigation, mediation or hearing,

• (b) on the order of the High Court or the Circuit Court,

• (c) with the consent of the person furnishing the information and of any other person to whom the information may relate,

• (d) in a decision of the F180[Director General of the Workplace Relations Commission] or a determination of the Labour Court which is published or made available under section 89 and to which the disclosure of the information is relevant, or

• (e) for the purposes of an application under section 96.

• (3) In subsection (2) any reference to information includes any record, book, document or other thing in which the information is contained.

• (4) Any person who discloses information in contravention of subsection (2) shall be guilty of an offence under this section.

Offences

98. Penalty for dismissal of employee for exercising rights.

98.—(1) If an employee is dismissed in circumstances amounting to victimisation, the employee’s employer shall be guilty of an offence and if, in a prosecution for an offence under this section, it is proved—

• (a) that the employee was dismissed, and

• (b) that the employee, in good faith, did one or more of the acts specified in F181[paragraphs (a) to (g)] of section 74(2),

that proof shall, without more, be evidence until the contrary is proved, that the sole or main reason for the dismissal of the employee was that the employee, in good faith, did one or more of those acts.

• (2) Subject to subsection (4), on a conviction of an offence under this section, the court may, if it thinks fit and considers that the F182[Director General of the Workplace Relations Commission] would have power to do so—

• (a) make an order for the re-instatement of the employee by the employer, or

• (b) make an order for the re-engagement of the employee by the employer.

• (3) Subject to subsection (4), if the court by which a person is convicted of an offence under this section does not make an order under subsection (2) (a) or (b), it may, if it thinks fit, in addition to imposing a fine for the offence, order the employer to pay to the employee concerned such amount of compensation as, subject to subsection (5), the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the employer or the employee concerned.

• (4) The court shall not exercise its powers under subsection (2) or (3) unless the employee concerned consents.

• (5) The amount of compensation which may be ordered under subsection (3) shall not exceed either—

• (a) the amount which, having regard to subsections (4) and (5) of section 82, the F182[Director General of the Workplace Relations Commission] could order by way of compensation under F183[paragraph (c) or (f) of section 81(1)] on a claim for redress in respect of the dismissal, or

• (b) if the order is made by the District Court, £5,000 or such other amount as may stand prescribed for the time being by law as the limit of that court’s jurisdiction in tort,

and, in applying any provision of section 82 for the purposes of paragraph (a), any reference to the date of the reference shall be construed as a reference to the date of the dismissal and any reference to the date of the F182[Director General of the Workplace Relations Commission] shall be construed as a reference to the date of the conviction of the offence.

• (6) Where, on conviction of an employer for an offence under this section, the court makes an order under subsection (2) (a) or (b) or subsection (3)—

• (a) whether or not the employer appeals against the conviction or sentence, the employer may appeal against the order to the court to which an appeal lies against the conviction, and

• (b) the court hearing an appeal against the conviction or sentence, or an appeal against the order alone, may revoke or vary the order and, in particular, where the order was made under subsection (3), may vary the amount of the compensation.

• (7) Where the court makes an order under subsection (3) for the payment of an amount of compensation—

• (a) without prejudice to any right of appeal by any other person, the employee concerned shall have a right of appeal, limited to the amount of the compensation, to either the High Court or, as the case may be, to the judge of the Circuit Court in whose circuit is situated the district (or any part thereof) of the judge of the District Court by whom the compensation was ordered, and

• (b) to the extent of the amount of compensation paid, the payment by the employer of the compensation shall be a good defence in any civil proceedings brought by the employee concerned in respect of the remuneration which the employee would have received if the dismissal had not occurred.

• (8) Where an appeal is brought under subsection (7)(a), the decision of the High Court or, as the case may be, the judge of the Circuit Court shall be final.

99. Obstruction etc. of F184[Director General of the Workplace Relations Commission] and other officers.

99.—(1) Any person who—

• (a) obstructs or impedes the Labour Court, the F184[Director General of the Workplace Relations Commission] or an F184[adjudication officer] in the exercise of powers under this Part, or

• (b) fails to comply with a requirement of the Labour Court, the F184[Director General of the Workplace Relations Commission] or an F184[adjudication officer] given under this Part,

shall be guilty of an offence under this section.

• (2) Any reference in subsection (1) to an F184[adjudication officer] includes a reference to a person authorised under section 94(1)(a).

99A. F185[Award of expenses.

99A.—(1) Without prejudice to section 99, the Labour Court or the F186[Director General of the Workplace Relations Commission] may, if of opinion that a person is obstructing or impeding an investigation or appeal under this Act, order that the person pay to another person a specified amount in respect of the travelling or other expenses reasonably incurred by that other person in connection with the investigation or appeal.

• (2) Notwithstanding subsection (1), expenses shall not be payable in respect of the attendance at the investigation or appeal of any person representing a complainant or respondent.

• (3) The amount of any expenses ordered to be paid under this section may be recovered as a simple contract debt.]

100. Offences: general provisions.

100.—(1) A person who is guilty of an offence under any provision of this Act shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 1 year or both, or

• (b) on conviction on indictment, to a fine not exceeding £25,000 or to imprisonment for a term not exceeding 2 years or both.

• (2) If the contravention in respect of which a person is convicted of an offence under any provision of this Act is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable on summary conviction to a fine not exceeding £250 or, on conviction on indictment, to a fine not exceeding £1,500.

• (3) Summary proceedings for an offence under any provision of this Act may be instituted by the F187[Workplace Relations Commission] or the Authority.

• (4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any provision of this Act may be instituted within 12 months from the date of the offence.

• (5) Where an offence under any provision of this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who, when the offence was committed, was a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person (as well as the body corporate) shall be guilty of an offence and liable to be proceeded against and punished as if guilty of the offence committed by the body corporate.

• (6) In relation to a body corporate whose affairs are managed by its members, subsection (5) has effect as if “director” included a member of the body corporate.

Supplementary

101. Alternative avenues of redress.

101.—(1) If an individual has instituted proceedings for damages at common law in respect of a failure, by an employer or any other person, to comply with an equal remuneration term or an equality clause, then, if the hearing of the case has begun, the individual may not seek redress (or exercise any other power) under this Part in respect of the failure to comply with the equal remuneration term or the equality clause, as the case may be.

• F188[(2) Where an individual has referred a case to the F189[Director General of the Workplace Relations Commission] under section 77(1) and either a settlement has been reached by mediation or the F189[Director General of the Workplace Relations Commission] has begun an investigation under section 79, the individual—

• (a) shall not be entitled to recover damages at common law in respect of the case, and

• (b) if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal F190[, unless the F189[Director General of the Workplace Relations Commission], having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and respondent].]

• (3) If an individual has referred a case to the Circuit Court under section 77(3) in respect of such a failure as is mentioned in subsection (1), the individual shall not be entitled to recover damages at common law in respect of that failure.

• (4) F188[An employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if]—

• (a) the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun, F191[or]

• F192[(b) an adjudication officer has made a decision to which subsection (1) of section 8 of the Unfair Dismissals Act 1977 applies in respect of the dismissal.]

• (c) the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.

• F193[(4A)
• (a) Where an employee refers—

• (i) a case or claim 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 case or claim referred to in subparagraph (i) shall, in so far only as it relates to such dismissal, 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 as may be prescribed by, or determined in accordance with, regulations made by the Minister for Jobs, Enterprise and Innovation.]

• F194[(5) Where the F189[Director General of the Workplace Relations Commission] issues a direction under subsection (2)(b), the resulting entitlement of the employee under that subsection is deemed to have effect from the date of the direction.]

• (6) F195[…]

101A. F196[Parallel claims.

101A.—Where the conduct of an employer constitutes both a contravention of Part III or IV and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act and either of the said Acts.]

102. Striking out cases which are not pursued.

102.—(1) Where—

• F197[(a) a case is referred to the F198[Director General of the Workplace Relations Commission] under section 77,

• (b) a matter is referred to the F198[Director General of the Workplace Relations Commission] under section 85,

• (c) a collective agreement is referred to the F198[Director General of the Workplace Relations Commission] under section 86, or

• (d) a case is referred to the F198[Director General of the Workplace Relations Commission] under the Anti-Discrimination (Pay) Act 1974 or the Employment Equality Act 1977,]

and, at any time after the expiry of 1 year from the date of the reference, it appears to the F198[Director General of the Workplace Relations Commission] that the complainant has not pursued, or has ceased to pursue, the reference, the F198[Director General of the Workplace Relations Commission] may strike out the reference.

• (2) Where—

• F197[(a) an appeal is brought to the Labour Court under this Part, or

• (b) a case is referred to the Labour Court under the said Act of 1974 or 1977,]

and, at any time after the expiry of 1 year from the date of the reference or, as the case may be, the bringing of the appeal, it appears to the Labour Court that the complainant or, as the case may be, the appellant has not pursued, or has ceased to pursue, the matter, the Labour Court may strike out the reference or, as the case may be, the appeal.

• (3) As soon as practicable after striking out a reference, the Director or, as the case may be, the Labour Court shall give notice in writing to the complainant and the respondent or respondents.

• (4) As soon as practicable after striking out an appeal, the Labour Court shall give notice in writing to the appellant and the other party to the appeal.

• (5) Where a reference or appeal is struck out under this section, no further proceedings may be taken in relation to that reference or appeal; but nothing in this section prevents any person from making a further reference in relation to the same matters (subject to any applicable time limit).

• (6) In this section “the complainant”, “the respondent” and “the respondents” have the same meanings as in section 77, 85 or 86 according to the nature of the reference concerned.

103. Provisions relating to insolvency.

103.—(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963, are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all relevant compensation payable F199[under this Part or section 44 of the Act of 2015 in accordance with section 83] by the company, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.

• (2) There shall be included among the debts which, under section 81 of the Bankruptcy Act, 1988, are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all relevant compensation payable F199[under this Part or under section 44 of the Act of 2015 in accordance with section 83] by the bankrupt or arranging debtor, as the case may be, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by general orders made under that Act.

• (3) For the purposes of this section “relevant compensation” means sums ordered to be paid by way of redress by virtue of—

• (a) F200[…]

• (b) a decision F201[…] under section 79(6) (including that provision as applied by section 85(2)),

• F199[(c) a decision under section 44 of the Act of 2015 to which section 83 applies.]

• (d) F200[…]

• (4) In the Protection of Employees (Employers’ Insolvency) Act, 1984, section 6 (which provides for certain amounts to be paid out of the Social Insurance Fund) shall be amended in accordance with subsections (5) and (6).

• (5) At the end of subsection (2)(a)(viii)(II) there shall be inserted “or (III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103(3) of the Employment Equality Act, 1998,”.

• (6) In subsection (4)(c), after subparagraph (v) there shall be inserted—

• “(vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless—

  • (I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

  • (II) in case there is no such appeal, the time for bringing such an appeal has expired.”.

104. Special provision as to Defence Forces.

104.—(1) Save as provided for by section 77(10), nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the F202[Director General of the Workplace Relations Commission] F203[…] or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part.

• (2) If requested to do so by an officer, within the meaning of the Defence Act, 1954, who is authorised in that behalf, the F202[Director General of the Workplace Relations Commission] shall—

• (a) investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the F202[Director General of the Workplace Relations Commission] F203[…] under this Part or of proceedings before the Circuit Court under section 77(3), and

• (b) make a recommendation in respect of that matter to the officer concerned.

• (3) A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the F202[Director General of the Workplace Relations Commission] made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation.

• (4) The F202[Director General of the Workplace Relations Commission] shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation.

105. Amendment of Industrial Relations Act, 1990.

105.—The Industrial Relations Act, 1990, is hereby amended—

• (a) in section 9 (application of provision of Part II of that Act), by the substitution in subsection (4) for “an equality officer” of “the F204[Director General of the Workplace Relations Commission]”,

• (b) in section 25 (functions of the Labour Relations Commission)—

• (i) by the deletion, in subsection (1), of paragraph (e), and

• (ii) by the deletion, in subsection (8), of “section 8(2) of the Anti-Discrimination (Pay) Act, 1974, or”,

• (c) by the deletion of section 37 (equality officers), and

• (d) in section 42 (codes of practice), by the substitution in subsection (4) for “a rights commissioner or an equality officer” of “the F204[Director General of the Workplace Relations Commission] or a rights commissioner”.

106. F205[Transitional provision.

106.—(1) This section applies to a claim for redress under a repealed enactment—

• (a) which is made on or after the commencement of Part VII (the "commencement date"), and

• (b) which relates—

• (i) only to conduct before the commencement date, or

• (ii) to conduct both before and after that date.

• (2) In this section—

"commencement date" means the 18th day of October, 1999;

"conduct" means conduct alleged to have occurred;

"repealed enactment" means the Anti-Discrimination (Pay) Act, 1974, or the Employment Equality Act, 1977.

• (3) A claim for redress to which this section applies shall—

• (a) as regards the substance of the claim—

• (i) if or in so far as the claim relates to conduct before the commencement date, be dealt with as if the enactment concerned had not been repealed, and

• (ii) in so far as it may relate to conduct after that date, be dealt with under this Act,

and

• (b) in all other respects, be dealt with as if it were a claim under section 77.

• (4) For the purposes of subsection (3)—

• (a) the claim concerned shall be referred or brought to the F206[Director General of the Workplace Relations Commission], the Labour Court or the Circuit Court, as appropriate, and

• (b) Part VII shall apply in relation to it, with the modification that sections 76 and 82 shall not apply in relation to a case referred to in paragraph (a)(i) of that subsection and with any other necessary modifications.

• (5) A claim for redress under a repealed enactment which is pending on the commencement date shall, if the conduct to which it relates also occurs after that date, be treated as if it were a claim for redress to which this section applies, and accordingly subsections (3) and (4) shall apply in relation to it.

• (6) A decision or determination on a claim for redress referred to in this section may, and at the request of the claimant shall, where appropriate, specify separate findings in relation to conduct before and after the commencement date.

• (7) The F206[Director General of the Workplace Relations Commission] or a person appointed under section 75(4)(a) to be an F206[adjudication officer] may exercise the powers of an F206[adjudication officer] under a repealed enactment.

• (8) This section shall be deemed to have come into operation on the commencement date.]