Workplace Relations Act 2015

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Workplace Relations Act 2015.

(2) Subject to F1[sections 8(7),57(3)and66(3)], this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. In this Act—

“Act of 1946” means the Industrial Relations Act 1946;

“Act of 1967” means the Redundancy Payments Act 1967;

“Act of 1969” means the Industrial Relations Act 1969;

“Act of 1977” means the Unfair Dismissals Act 1977;

“Act of 1981” means the Courts Act 1981;

F2["Act of 1984" means theProtection of Employees (Employers’ Insolvency) Act 1984;]

“Act of 1990” means the Industrial Relations Act 1990;

“Act of 1994” means the Maternity Protection Act 1994;

“Act of 1995” means the Adoptive Leave Act 1995;

“Act of 1998” means the Employment Equality Act 1998;

“Act of 2000” means the Equal Status Act 2000;

“Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004;

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2007” means the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007;

“Act of 2012” means the Protection of Employees (Temporary Agency Work) Act 2012;

“adjudication officer” means a person appointed under section 40;

“Board” has the meaning assigned to it by paragraph 2(1) of Schedule 3;

“Commission” has the meaning assigned to it by section 10;

“complainant” has the meaning assigned to it by section 41;

“Director General” has the meaning assigned to it by section 12;

“employee” and “employer” shall be construed in accordance with section 3;

“Employment Appeals Tribunal” means the body established by section 39 of the Act of 1967;

“employment enactment” means—

(a) an Act of the Oireachtas specified in Part 1 of Schedule 1 or an instrument under such an Act of the Oireachtas,

(b) a provision specified in Part 2 of that Schedule, or

(c) an instrument specified in Part 3 of that Schedule;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

F2["equality officer" has the same meaning as it has in Part VII of the Act of 1998;

"equality mediation officer" has the same meaning as it has in Part VII of the Act of 1998;]

“establishment day” shall be construed in accordance with section 9;

“excepted body” has the same meaning as it has in section 6 of the Trade Union Act 1941;

F3["expectant father" has the same meaning as it has in the Act of 1994;]

“inspector” means a person appointed under section 26;

“Labour Court” means the body established by section 10 of the Act of 1946;

“Labour Relations Commission” means the body established by section 24 of the Act of 1990;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“mediation officer” means a person appointed under section 38;

“Minister” means the Minister for Jobs, Enterprise and Innovation;

“official body” means—

(a) the Garda Síochána,

(b) the Revenue Commissioners,

(c) a Minister of the Government,

(d) the Director of Corporate Enforcement,

(e) the Health and Safety Authority,

(f) the Private Security Authority,

(g) the Road Safety Authority,

(h) the Pensions Authority,

(i) the Pensions Ombudsman,

(j) the Competition and Consumer Protection Commission,

(k) a local authority,

(l) the Labour Court,

(m) the Employment Appeals Tribunal,

(n) the Health Information and Quality F4[Authority,]

F5[(na) An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir, or]

(o) any other person charged by law with the detection, investigation or prosecution of offences;

F3["other parent" has the same meaning as it has in the Act of 1994;]

“prescribed” means prescribed by regulations made by the Minister;

“record” includes, in addition to a record in writing—

(a) a plan, chart, map, drawing, diagram, pictorial or graphic image,

(b) a disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(c) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

(d) a photograph;

“relevant enactment” means—

(a) an employment enactment,

(b) Part VII (inserted by section 22 of the Social Welfare (Miscellaneous Provisions) Act 2004) of the Pensions Act 1990, or

(c) the Act of 2000.

F2["rights commissioner" means a person appointed under section 13 of the Act of 1969;]

3. Construction of references to employer and employee

3. (1) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to a relevant enactment or provision thereof—

(a) references in this Act to employer shall be construed as references to employer within the meaning of the relevant enactment or provision concerned, and

(b) references in this Act to employee shall be construed as references to employee within such meaning.

(2) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1946, references in this Act to employee shall be construed as references to worker within the meaning of the Act of 1946.

(3) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1994, references in this Act to employer shall be construed as references to relevant employer within the meaning of Part V of the Act of 1994.

(4) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Act of 1995—

(a) references in this Act to employer shall be construed as references to relevant employer within the meaning of Part V of the Act of 1995, and

(b) references in this Act to employee shall be construed as references to adopting parent within such meaning.

(5) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the Inland Fisheries Act 2010 (in this subsection referred to as the “Act of 2010”), references in this Act to employer shall be construed as references to IFI within the meaning of the Act of 2010.

F6[(5A) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to Part 2 of the Industrial Relations (Amendment) Act 2015, references in this Act to employee shall be construed as references to worker within the meaning of that Part.]

(6) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 (S.I. No. 507 of 2006), references in this Act to employee shall be construed as references to crew member within the meaning of those Regulations.

(7) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (European Public Limited - Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006)—

(a) references in this Act to employer shall be construed as references to SE within the meaning of those Regulations or relevant undertaking within the meaning of Part 3 of those Regulations, as may be appropriate, and

(b) references in this Act to employee shall be construed as references to a person referred to in subparagraph (a), (b), (c) or (d) of Regulation 19(1) of those Regulations.

(8) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007)—

(a) references in this Act to employer shall be construed as references to SCE within the meaning of those Regulations or relevant undertaking within the meaning of Part 3 of those Regulations, as may be appropriate, and

(b) references in this Act to employee shall be construed as references to a person referred to in subparagraph (a), (b), (c) or (d) of Regulation 20(1) of those Regulations.

(9) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the F7[European Union (Cross-Border Conversions, Mergers and Divisions) Regulations 2023 (S.I. No. 233 of 2023)]—

(a) references in this Act to employer shall be construed as references to relevant company within the meaning of Chapter 4 of F7[Part 5] of those Regulations, and

(b) references in this Act to employee shall be construed as references to a person referred to in F7[subparagraph (a), (b), (c) or (d) of Regulation 89(1)] of those Regulations.

(10) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Working Conditions of Mobile Workers engaged in Interoperable Cross Border Services in the Railway Sector) Regulations 2009 (S.I. No. 377 of 2009), references in this Act to employee shall be construed as references to mobile worker within the meaning of those Regulations.

(11) For the purpose of the operation of this Act, and to the extent only that this Act applies, in relation to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. No. 36 of 2012), references in this Act to employee shall be construed as references to mobile worker within the meaning of those Regulations.

4. Regulations

4. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

6. Service of documents

6. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or

(d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.

(2) For the purpose of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

7. Offences

7. (1) A person guilty of an offence (other than an offence F8[undersection 41(12),41(12A)(b)or51]) under this Act shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commission.

(4) Where a person is convicted of an offence under this Act the court shall order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.

8. Repeals and Revocations

8. (1) The enactments specified in column (3) of Part 1 of Schedule 2 are repealed to the extent specified in column (4) of that Part.

(2) The repeals effected by subsection (1) shall not apply in respect of complaints or disputes made, presented or referred to a rights commissioner under an enactment specified in column (3) of Part 1 of Schedule 2 before the commencement of Part 4.

(3) The enactments specified in column (3) of Part 2 of Schedule 2 are revoked to the extent specified in column (4) of that Part.

(4) The revocations effected by subsection (3) shall not apply in respect of complaints or disputes made, presented or referred to a rights commissioner under an enactment specified in column (3) of Part 2 of Schedule 2 before the commencement of Part 4.

(5) The repeal of sections 11 and 13 of the Minimum Notice and Terms of Employment Act 1973 effected by subsection (1) shall not apply in relation to a dispute referred to the Employment Appeals Tribunal under that Act before the commencement of Part 4.

(6) The repeal of sections 11 and 12 of the Unfair Dismissals (Amendment) Act 1993 effected by subsection (1) shall not apply in relation to a claim for redress under the Act of 1977 brought before the commencement of Part 4.

(7) This section and Schedule 2 shall come into operation upon the commencement of Part 4.

PART 2 Workplace Relations Commission

9. Establishment day

9. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

10. Establishment of Commission

10. (1) There shall stand established on the establishment day a body, which shall be known as the Workplace Relations Commission (in this Act referred to as the “Commission”), to perform the functions conferred on it by or under this Act.

(2) The provisions of Schedule 3 shall apply to the Commission.

11. Functions of Commission

11. (1) The Commission shall, in addition to the other functions conferred on it by this Act—

(a) promote the improvement of workplace relations, and maintenance of good workplace relations,

(b) promote and encourage compliance with relevant enactments,

(c) provide guidance in relation to compliance with codes of practice approved under section 20,

(d) conduct reviews of, and monitor developments as respects, workplace relations,

(e) conduct or commission research into matters pertaining to workplace relations,

(f) provide advice, information and the findings of research conducted by the Commission to joint labour committees and joint industrial councils,

(g) advise and apprise the Minister in relation to the application of, and compliance with, relevant enactments,

(h) provide information to members of the public in relation to employment enactments (other than the Act of 1998), and

(i) attend meetings outside the State relating to employment law matters and industrial and workplace relations upon the request of the Minister.

(2) The Commission may provide such advice as it considers appropriate on any matter relating to workplace relations to—

(a) employers or representative bodies or associations of employers, or

(b) employees, trade unions or excepted bodies,

whether or not it has received a request in that behalf from any such person.

(3) Subject to this Act, the Commission shall be independent in the performance of its functions.

(4) The Commission shall have all such powers as are necessary or expedient for the performance of its functions.

(5) The Commission shall perform its functions through or by the Director General or any member of the staff of the Commission duly authorised in that behalf by the Director General.

12. Director General of Workplace Relations Commission

12. (1) There shall be a chief executive officer of the Commission (in this Act referred to as the “Director General”).

(2) The Director General (other than the Director General first appointed after the commencement of this section or a Director General appointed under subsection (5)) shall be appointed by the Minister from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Act of 2004.

(3) The Public Appointments Service shall, in relation to a competition referred to in subsection (2), not make a recommendation for the purposes of that subsection in respect of more than 3 persons.

(4) The Director General shall hold office for such period not exceeding 5 years from the date of his or her appointment as the Minister may determine.

(5) The Minister may reappoint a person whose term of office as Director General expires by the efflux of time to be the Director General.