Legalize / Ireland / Act

Workplace Relations Act 2015

Type Act

Publication 2015-05-20

Last updated 2026-01-01

State In force

Source Irish Statute Book

articles 87

Reform history JSON API

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

“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,

(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

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,

(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.

(6) A person who is reappointed to be the Director General in accordance with subsection (5) shall not hold office for periods the aggregate of which exceeds 10 years.

(7) The Director General shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform.

(8) The Director General shall not hold any other office or employment or carry on any business without the consent of the Minister.

13. Resignation, removal or disqualification of Director General

13. (1) The Director General may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice.

(2) The Minister may, at any time, remove the Director General from office if the Minister is satisfied that—

(a) the Director General has become incapable through ill-health of performing his or her functions,

(b) the Director General has committed stated misbehaviour, or

(c) the removal of the Director General appears to the Minister to be necessary for the effective performance by the Commission of its functions.

(3) If the Director General is removed from office in accordance with subsection (2), the Minister shall provide the Director General with a statement of reasons for the removal.

(4) The Director General shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence in relation to a company or any other body corporate,

(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or

F9[(f) is, or is deemed to be, the subject of an order undersection 160of theCompanies Act 1990or a disqualification order within the meaning of Chapter 4 of Part 14 of theCompanies Act 2014.]

14. Functions of Director General

14. (1) The Director General shall carry on and manage, and control generally, the administration and business of the Commission and such other functions as are conferred on him or her by or under this Act.

(2) The Director General shall be accountable to the Minister for the efficient and effective management of the Commission and for the due performance of his or her functions.

15. Consultation by Director General with Board

15. (1) The Director General may consult with or request the advice of the Board on any matter relating to a function (other than a function to which Part 4 applies) of the Commission.

(2) The Director General shall have regard to any advice of the Board pursuant to a request under this section before performing any function to which the advice relates.

16. Delegation of functions of Director General

16. (1) The Director General may delegate any of his or her functions to a specified member of staff of the Commission, and that member of staff shall be accountable to the Director General for the performance of the functions so delegated.

(2) The Director General may revoke a delegation made in accordance with this section.

17. Accountability of Director General to committees of Houses of Oireachtas

17. (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General,

(b) the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or

(2) Subject to subsection (3), the Director General shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission.

(3) The Director General shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal (including an adjudication officer and the Labour Court) in the State.

(4) Where the Director General is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Director General is before it, the information shall be so conveyed in writing.

(5) Where the Director General has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the Director General may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the Director General shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the Director General shall attend before the Committee to give account for the matter.

(8) In the performance of his or her duties under this section, the Director General shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

18. Membership of either House of Oireachtas or European Parliament

18. (1) Where a member of the Board is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

he or she shall thereupon cease to be a member of the Board.

(2) Where the Director General is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

he or she shall thereupon cease to be Director General.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board or for employment in any capacity by the Commission.

(4) In this section “Act of 1997” means the European Parliament Elections Act 1997.

19. Acting Director General

19. (1) Subject to subsection (2) , the Minister may appoint a person to perform the functions of the Director General during—

(a) any period or periods when the Director General is absent from duty or from the State or is, for any other reason, unable to perform the functions of Director General,

(b) any suspension from office of the Director General, or

(2) A person shall not be appointed to perform the functions of the Director General for a continuous period of more than 12 months during a vacancy in the office of Director General.

(3) The Minister may at any time terminate an appointment under this section.

20. Codes of practice

20. (1) (a) The Commission may, for the purpose of providing guidance to employers, employees and any other persons to whom this Act applies with respect to compliance with an employment enactment, prepare and submit to the Minister draft codes of practice.

(b) The Commission may, for the purpose of providing guidance to employers, employees and any other persons to whom this Act applies with respect to compliance with an employment enactment, submit to the Minister a draft code of practice prepared by any person other than the Commission.

(2) The Minister may give a direction to the Commission requiring it to prepare and submit to him or her a code of practice for the purpose mentioned in subsection (1).

(3) The Commission shall comply with a direction under subsection (2).

(4) The Commission shall, before submitting a draft code of practice to the Minister under subsection (1), request any person that it considers appropriate, including trade unions and employer representative bodies, to make representations to it in relation to the draft code of practice, and the Commission shall consider any such representations made.

(5) The Minister may give a direction to the Commission to amend a draft code of practice submitted to him or her in accordance with this section in such manner as is specified in the direction, and the Commission shall comply with the direction and resubmit to the Minister the draft code of practice as so amended.

(6) The Minister may, by order, declare a draft code of practice submitted or resubmitted to him or her in accordance with this section to be an approved code of practice for the purposes of this Act, and the text of the approved code of practice shall be set out in the order.

(7) The Commission shall publish an approved code of practice on its internet website.

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

(9) A code of practice standing approved under this section shall be admissible in evidence in proceedings before a court, the Labour Court or an adjudication officer.

(10) In this section “employment enactment” does not include the Act of 1998.

21. Strategy statement

21. (1) The Board shall—

(a) not later than 6 months after the commencement of this section, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted, and

(b) not later than 3 months before each third anniversary of the submission to the Minister in accordance with this subsection of the strategy statement for the time being in effect, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the second-mentioned strategy statement is so submitted.

(2) The Board shall, before preparing and submitting a strategy statement in accordance with subsection (1), seek and obtain the advice of the Director General in relation thereto.

(3) (a) The Board shall, in the preparation of a strategy statement have regard to the need to ensure the most effective and efficient use of the resources available to the Commission.

(b) A strategy statement shall—

(i) except in the case of the strategy statement first prepared, submitted and approved under this section, contain a review of the implementation of the immediately preceding strategy statement,

(ii) specify the manner in which the Board proposes to assess the effectiveness of the implementation of the strategy statement, and

(iii) include any other matters that the Minister may from time to time direct.

(4) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1) or pursuant to a direction under paragraph (c) —

(a) approve the strategy statement,

(b) approve the strategy statement subject to such modifications as he or she may specify, or

(c) refuse to approve the strategy statement and require the Board, by direction in writing, to prepare and submit a revised strategy statement to the Minister by such date as may be specified in the direction.

(5) The Board shall comply with a direction under this section by such date as may be specified in the direction.

(6) The Commission shall not implement a strategy statement unless it has been approved by the Minister in accordance with paragraph (a) or (b) of subsection (4).

(7) The Minister shall, as soon as practicable after having approved a strategy statement in accordance with paragraph (a) or (b) of subsection (4), cause a copy of that statement to be laid before each House of the Oireachtas.

(8) The Director General shall, as soon as practicable after the approval of a strategy statement in accordance with paragraph (a) or (b) of subsection (4), cause that statement to be published on the internet and, where he or she considers it appropriate, in such other manner as he or she shall determine.

(9) In this Act “strategy statement” means a statement that—

(a) specifies the key objectives, outputs and related strategies (including use of resources) of the Commission, and

(b) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister.

22. Work programme

22. (1) The Board shall—

(a) after consultation with the Director General, and

(b) not later than one month before the 1st day of January each year,

prepare and submit to the Minister a plan (in this section referred to as a “work programme”) of the work that the Commission intends to carry out in the year to which the plan relates.

(2) The Minister may issue directions to the Board in relation to the preparation of a work programme.

(3) The Minister may—

(a) upon the recommendation of the Director General, or

(b) for the purpose of improving workplace relations generally or in workplaces of a particular class or classes,

direct the Board to prepare and submit to him or her a revised work programme.

(4) The Minister shall, as soon as practicable after a work programme or revised work programme has been submitted to him or her under subsection (1), or pursuant to a direction under subsection (3) or this subsection—

(a) approve the work programme or revised work programme,

(b) approve the work programme or revised work programme subject to such modifications as he or she may specify, or

(c) refuse to approve the work programme or revised work programme and, by direction in writing, require the Board to prepare and submit a revised work programme to the Minister by such date as may be specified in the direction.

(5) The Board shall comply with a direction under this section by such date as may be specified in the direction.

(6) Each work programme (other than the work programme first prepared and submitted after the commencement of this section) shall contain a review of the implementation and effectiveness of the work programme in respect of the year immediately preceding the first-mentioned work programme.

(7) The Board shall, in the preparation of a work programme, have regard to—

(a) the strategy statement approved under section 21 of the Commission applicable in respect of the year to which the work programme relates, and

(b) such other matters (if any) as are specified in a direction under subsection (2).

23. Reports to Minister

23. (1) Subject to subsection (2), the Director General shall, not later than 3 months after the end of each year, prepare, and submit to the Minister, a report (in this section referred to as the “annual report”) in writing on the activities of the Commission during that year.

(2) The Director General shall, in respect of the period commencing on the commencement of this section and ending on 31 December next following such commencement, prepare and submit to the Minister a report (in this section also referred to as the “annual report”) on the activities of the Commission during that period not later than 3 months after the said 31 December.

(3) The annual report shall contain information in relation to—

(a) progress regarding implementation of the strategy statement, and

(b) such other matters as the Minister may specify.

(4) The Director General may, from time to time, prepare and submit to the Minister such other reports in relation to the activities of the Commission as the Director General considers appropriate.

(5) The Minister may require the Director General, by direction in writing, to prepare and submit to him or her a report in relation to any particular matter relating to the activities of the Commission as the Minister considers appropriate.

(6) The Director General shall comply with a direction under subsection (5).

(7) The Minister shall cause a copy of the annual report to be laid before each House of the Oireachtas not later than 2 months after it has been submitted to him or her in accordance with this section.

(8) This section shall not operate to require the Director General to include information in the annual report or other report referred to in this section that, in his or her opinion, would prejudice the performance by the Commission of its functions under Part 4.

24. Staff of Commission

24. (1) The Minister shall appoint such and so many of his or her officers as he or she may determine to be members of staff of the Commission.

(2) The terms and conditions of service of a member of the staff of the Commission shall be such as may be determined from time to time by the Minister with the approval of the Minister for Public Expenditure and Reform.

(3) There shall be paid by the Minister to the members of the staff of the Commission such remuneration and allowances as, from time to time, the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(4) The members of the staff of the Commission shall perform their functions under the direction and control of the Director General.

(5) Appointments under this section shall be subject to the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005.

25. Registrar of Commission

25. (1) The Minister shall, with the consent of the Minister for Public Expenditure and Reform, appoint a person to be registrar of the Commission from among persons—

(a) who are practising barristers or practising solicitors, and

(b) in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Act of 2004.

(2) Paragraph (b) of subsection (1) shall not apply in respect of the registrar first appointed after the passing of this Act.

(3) The registrar of the Commission shall hold office on such terms and conditions (including terms and conditions relating to remuneration) as the Minister, with the approval of the Minister for Public Expenditure and Reform, determines.

(4) In this section—

“practising barrister” includes a person who is serving in a position (appointment to which was conditional upon the person’s having been called to the Bar of Ireland and standing enrolled as a barrister in the State) in the Civil Service of the Government or the Civil Service of the State;

“practising solicitor” includes a person who is serving in a position (appointment to which was conditional upon the person’s having been admitted to be a solicitor and standing enrolled as a solicitor in the State) in the Civil Service of the Government or the Civil Service of the State.

PART 3 Enforcement

26. Inspectors

26. (1) The Director General may, with the consent of the Minister appoint such and so many of the officers of the Minister as he or she considers appropriate to be an inspector or inspectors for the purposes of this Act.

(2) A person who, immediately before the commencement of this section, was an authorised officer or an inspector under an employment enactment shall be deemed to be an inspector appointed under this Act and, accordingly, subsection (4) shall apply in respect of that person.

(3) A person appointed to be an inspector under this section shall on his or her appointment be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person affected thereby, produce such warrant to that person for inspection.

(4) An appointment under this section shall cease—

(a) in the case of a person appointed under subsection (1), if—

(i) the Director General revokes the appointment, or

(ii) the person appointed ceases to be a member of the staff of the Commission,

(b) if the appointment is for a fixed period, on the expiry of that period.

27. Powers of inspectors

27. (1) For the purposes of this Act or a relevant enactment, an inspector may—

(a) subject to subsection (3), enter (if necessary by the use of reasonable force) at all reasonable times any place of work or any premises—

(i) that he or she has reasonable grounds for believing has been or is being used in connection with the employment of persons, or

(ii) at which he or she has reasonable grounds for believing that records or documents relating to the employment of persons are kept,

(b) at such place of work or premises, inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection,

(c) remove any such books, documents or records from such place of work or premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,

(d) require any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to give the inspector such information and assistance as the inspector may reasonably require for the purposes of his or her functions under this Act,

(e) require any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to produce to the inspector such books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act,

(f) require any person, whom the inspector has reasonable grounds for believing to be, or to have been, an employer or employee, to answer such questions as the inspector may ask relative to any matter under this Act or a relevant enactment and to make a declaration of the truth of the answers to those questions, and

(g) examine with regard to any matter under this Act or a relevant enactment, any person whom the inspector has reasonable grounds for believing to be, or to have been, an employer or employee, following the inspector’s having cautioned the person that the person is not obliged to say anything unless he or she wishes to do so but that whatever he or she says will be taken down in writing and may be given in evidence.

(2) When performing a function under this Act, an inspector may, subject to any warrant under subsection (4), be accompanied by such number of other inspectors or members of the Garda Síochána as he or she considers appropriate.

(3) An inspector shall not enter a dwelling, other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (4).

(4) Upon the sworn information of an inspector, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an inspector under this section is or are held at any dwelling, issue a warrant authorising a named inspector, accompanied by such other inspectors or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an inspector under paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1).

(5) A person shall be guilty of an offence if he or she—

(a) obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (4) or impedes the exercise by the inspector or member, as the case may be, of such power, or

(b) fails or refuses to comply with a requirement of an inspector or member of the Garda Síochána pursuant to paragraph (d) or (f) of subsection (1), or in purported compliance with such requirement gives information or makes a declaration to the inspector or member that he or she knows to be false or misleading in any material respect.

(6) Where an inspector believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(7) A statement or admission made by a person pursuant to a requirement under subsection (1)(d) or (f) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).

(8) In this section—

“place of work” has the same meaning as it has in the Safety, Health and Welfare at Work Act 2005;

“premises” includes vehicle, vessel, ship and railway carriage.

F10[(9) Where an inspector exercises powers under this section in relation to section 4F of the Payment of Wages Act 1991 , references in this section to employer shall be read as references to a person to whom the said section 4F applies, references in this section to employee shall be read as references to a contract worker within the meaning of that Act and references in this section to the employment of persons shall be read as including a reference to the relationship between such persons and such contract workers.]

28. Compliance notice

28. (1) Where an inspector is satisfied that an employer has, in relation to any of his or her employees, contravened a provision to which this section applies, the inspector may serve a notice (in this section referred to as a “compliance notice”) on the employer.

(2) A compliance notice shall—

(a) state the grounds for the inspector’s being satisfied that there has been a contravention referred to in subsection (1),

(b) for the purpose of ensuring compliance by the employer concerned with F11[a provision to which this section applies], require the employer to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and

(c) contain information regarding the bringing of an appeal under subsection (7) against the notice, including the manner in which an appeal shall be brought.

(3) A compliance notice shall not specify a date in accordance with paragraph (b) of subsection (2) that falls on or before the date by which an appeal under subsection (7) shall be brought.

(4) An inspector shall, if satisfied that the employer concerned has complied with a compliance notice, serve a notice in writing on the employer that he or she is so satisfied.

(5) Subsection (4) shall not operate to prevent an inspector from performing any of his or her functions under this Act in relation to the employer concerned, including in relation to the contravention to which the compliance notice referred to therein applies, after he or she serves a notice on the employer under that subsection.

(6) The inspector may—

(a) withdraw a compliance notice at any time, as he or she considers appropriate, or

(b) where no appeal is brought under this section, specify a date for the purposes of subsection (2)(b) that falls later than the date specified for that purpose in the compliance notice concerned, and notify the employer in writing accordingly.

(7) An employer may appeal a compliance notice served on him or her under this section to the Labour Court.

(8) An appeal under subsection (7) shall be brought in the manner prescribed by rules under subsection (5) of section 20 of the Act of 1946 not later than 42 days after the service of the compliance notice concerned.

(9) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (7).

(10) The Labour Court shall, upon an appeal under this section, do one of the following:

(a) affirm the compliance notice concerned;

(b) withdraw the compliance notice concerned; or

(c) withdraw the compliance notice and require the employer to whom the notice applies to comply with such directions as may be given by the Labour Court.

(11) An employer may appeal—

(a) a decision of the Labour Court to affirm, in accordance with paragraph (a) of subsection (10), a compliance notice served on him or her under this section, or

(b) a direction to him or her in accordance with paragraph (c) of that subsection,

to the Circuit Court.

(12) The inspector and the employer concerned shall each be entitled to be heard and to adduce evidence at the hearing of an appeal under subsection (11).

(13) The Circuit Court shall, upon an appeal under subsection (11), do one of the following:

(a) affirm the decision or direction concerned;

(b) in the case of an appeal from a decision of the Labour Court affirming a compliance notice in accordance with paragraph (a) of subsection (10), annul that decision and order the withdrawal of the compliance notice; or

(c) in the case of an appeal from a direction given in accordance with paragraph (c) of subsection (10), annul that direction.

(14) A person who fails to comply with a compliance notice by the specified date shall be guilty of an offence.

(15) This section shall not operate to prevent or restrict—

(a) the entitlement of any person to bring proceedings in accordance with this Act or F11[a provision to which this section applies] for the purpose of securing compliance with F11[a provision to which this section applies] in relation to that person, or

(b) the bringing or prosecuting of any proceedings for an offence under this Act or a relevant enactment.

(16) In this section “specified date” means, in relation to a compliance notice—

(a) where no appeal against the notice is brought under subsection (7), the date specified in the notice in accordance with paragraph (b) of subsection (2),

(b) where an appeal against the notice is brought under subsection (7) and the Labour Court affirms the notice in accordance with paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Labour Court so affirms the notice, or

(c) where an appeal to the Circuit Court is brought under subsection (11) and the Circuit Court affirms the decision of the Labour Court under paragraph (a) of subsection (10), the day falling immediately after the expiration of the period of 14 days from the date on which the Circuit Court so affirms that decision.

(17) This section applies to a provision specified in column (3) of Schedule 4.

29. Report of inspector admissible in evidence

29. (1) Where an inspector performs functions under section 27 in relation to an employer, he or she shall prepare a report in writing thereof.

(2) The report of an inspector under subsection (1) shall be admissible in evidence in proceedings against the employer concerned before an adjudication officer, the Labour Court or a court established by law.

(3) Subsection (2) shall not operate to prevent or restrict the examination or cross examination of an inspector in proceedings referred to in that subsection.

30. Inspection of employer’s records pursuant to direction of Labour Court

30. (1) Subject to subsection (3) of section 27, the Labour Court may, upon the hearing of an appeal under section 44, direct the Director General to arrange for an inspector to enter any place or premises belonging to an employer who is a party to the appeal and perform such functions under section 27 at, or in relation to, that place or premises as are specified in the direction concerned.

(2) The Director General shall comply with a direction under subsection (1).

(3) An inspector shall, upon completion of an inspection referred to in subsection (1), provide the report prepared by him or her under section 29 in relation to the performance by him or her of functions under section 27 pursuant to a direction under this section to the Labour Court.

(4) The Labour Court shall—

(a) consider a report provided to it under subsection (3), and

(b) give a copy of that report to the parties to the appeal concerned.

(5) The chairman or a deputy chairman of the Labour Court may direct that any proceedings in an appeal to the Labour Court shall be adjourned pending the consideration by the Labour Court of the report.

31. Disclosure of certain information

31. (1) Schedule 5 to the Act of 2005 is amended by the insertion, in paragraph 1(4), of “the Workplace Relations Commission”.

(2) Section 1093A (inserted by section 38 of the Act of 2007) of the Taxes Consolidation Act 1997 is amended by the substitution of the following definition for the definition of “specified body”:

“ 'specified body' means the Workplace Relations Commission;”.

(3) Section 261A (inserted by paragraph (b) of section 31 of the Act of 2007) of the Act of 2005 is amended by the substitution of the following definition for the definition of “specified body”:

“ ‘specified body’ means the Workplace Relations Commission;”.

(4) The Commission, an inspector or an adjudication officer may, for the purposes of his or her functions, require—

(a) an employer to disclose to him or her the employer’s employer registration number, or

(b) an employee to disclose to him or her the employee’s personal public service number.

(5) The Commission, an inspector or an adjudication officer may disclose to the Labour Court an employer’s registration number or an employee’s personal public service number for the purpose of enabling the Labour Court to perform its functions under this Act or a relevant enactment.

(6) The Commission, an inspector or an adjudication officer may disclose to an official body an employer’s registration number or an employee’s personal public service number for the purpose of enabling the official body to—

(a) investigate the commission or alleged commission of an offence where the official body is charged under an enactment with responsibility for carrying out such investigation, or

(b) bring and prosecute proceedings under any enactment.

(7) The Commission, an inspector or an adjudication officer may—

(a) upon the request of an employee, disclose to the employee the employer registration number of the employee’s employer, or

(b) upon the request of an employer, disclose to the employer the personal public service number of any employee of the employer.

(8) In this section—

“Act of 2007” means the Social Welfare and Pensions Act 2007;

“employer registration number” means, in relation to an employer, the number assigned to that employer in the register maintained by the Revenue Commissioners under Regulation 7 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001); and

“personal public service number” has the same meaning as it has in section 262 of the Act of 2005.

32. Disclosure of information relating to offences

32. (1) Notwithstanding any rule of law, information that, in the opinion of an official body, may relate to—

(a) the commission of an offence under this Act or a relevant enactment, or

(b) the contravention of this Act or a relevant enactment,

may be disclosed by that official body to the Commission or a member of staff of the Commission.

(2) The Commission may provide to an official body any information—

(a) obtained by it in the performance of its functions, and

(b) that causes the Commission to suspect that an offence has been committed by any person.

(3) Information provided under this section may be used by the person to whom it has been provided for the purpose only of the detection, investigation or prosecution of an offence.

33. Disclosure of certain information to or by contracting authority

33. (1) The Commission may, for the purpose of securing compliance with this Act or an employment enactment, disclose to a public contracting authority information that a primary contractor or a party to a secondary contract has contravened an employment enactment.

(2) Information disclosed to a public contracting authority under this section shall not be used for any purpose other than the exercise by the public contracting authority of his or her entitlements under the primary contract concerned.

(3) The Commission may, for the purpose of securing compliance with this Act or an employment enactment, require a public contracting authority to disclose to the Commission information relating to the contravention of a relevant enactment by a person with whom the public contracting authority has entered into a primary contract, and a public contracting authority shall comply with such a requirement.

(4) In this section—

“contract of employment” has the same meaning as it has in the Act of 2012;

“primary contractor” means, in relation to a public contracting authority, a person with whom the public contracting authority has entered into a contract, and “primary contract” shall be construed accordingly;

“public contracting authority” means—

(a) a contracting entity within the meaning of the European Communities (Award of Contracts by Utility Undertakings) Regulations 2007 (S.I. No. 50 of 2007),

(b) a contracting entity to which Directive 2004/17/EC^1 of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors applies, or

(c) a contracting authority within the meaning of Directive 2004/18/EC^2 of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts;

“secondary contract” means a contract (other than a primary contract or a contract of employment) under which a party to the contract agrees to carry out works or provide services to which a primary contract applies on behalf of the primary contractor concerned or any other person.

34. Administrative cooperation by Commission and official bodies

34. (1) The Commission shall, in so far as is consistent with the proper performance of its functions, endeavour to secure cooperation between the Commission and official bodies, and may enter into one or more than one arrangement (whether in the form of a memorandum of understanding or otherwise) with an official body or official bodies for the purposes of—

(a) facilitating administrative cooperation between the Commission and the official bodies in the performance of their respective functions, in so far as they relate to the employment of persons,

(b) avoiding duplication of activities by the Commission and any of the official bodies, and

(2) The parties to an arrangement under this section may vary the terms of the arrangement.

(3) An arrangement under this section, or any variation of such an arrangement, shall be in writing.

(4) An arrangement under this section shall not operate to bind the Commission or an official body.

(5) The Commission shall provide the Minister and any relevant Minister in relation to an official body concerned with a copy of each arrangement under this section and any variation thereof.

(6) (a) An arrangement under this section shall not operate to require the Commission to provide information to any official body if the disclosure of that information by the Commission is prohibited by law.

(b) An arrangement under this section shall not operate to require an official body to provide information to the Commission if the disclosure of that information by the official body is prohibited by law.

(7) In this section “relevant Minister” means, in relation to an official body, any Minister of the Government who performs functions in relation to that official body.

35. Administrative cooperation with foreign statutory bodies on law enforcement matters

35. (1) The Commission may, with the approval of the Minister, enter into an arrangement with a foreign statutory body whereby each party to the arrangement may—

(a) furnish to the other party information in its possession that is required by that other party for the purposes of the performance by it of any of its functions, and

(b) provide such other assistance to the party as will facilitate the performance by that other party of any of its functions.

(2) The Commission shall not furnish any information to a foreign statutory body pursuant to an arrangement to which this section applies unless it requires of, and obtains from, that body an undertaking in writing by the body that the body will comply with the terms specified in that requirement, being terms that correspond to the provisions of any enactment concerning the disclosure of that information by the Commission.

(3) The Commission may give an undertaking to a foreign statutory body that it will comply with any terms specified in a requirement made of the Commission by the body to give such an undertaking where—

(a) those terms correspond to the provisions of any law in force in the state in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b), and

(b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to an arrangement to which this section applies.

(4) The Commission shall inform the Minister concerning every arrangement entered into under this section.

(5) An arrangement under this section shall not operate to require the Commission to provide information to a foreign statutory body if the disclosure of that information by the Commission is prohibited by law.

(6) In this section “foreign statutory body” means a person prescribed by the Minister, in whom functions in respect of the implementation or enforcement of the law of a state (other than the State) relating to the employment of persons are vested.

36. Fixed payment notices

36. (1) Where an inspector has reasonable grounds for believing that a person has committed a relevant offence, the inspector may give to the person a notice in writing (in this section referred to as a “fixed payment notice”) in the prescribed form stating that—

(a) the person is alleged to have committed that offence,

(b) the person may during the period of 42 days beginning on the date of the notice make to the Commission at the address specified in the notice a payment of such amount as may be prescribed, being an amount of not more than €2,000, accompanied by the notice,

(d) a prosecution of the person to whom the notice is given in respect of the alleged offence will not be instituted during the period of 42 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a fixed payment notice is given under subsection (1) —

(a) the person to whom it applies may, during the period of 42 days beginning on the date of the notice, make to the Commission at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the Commission may, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it, and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) Moneys received pursuant to the giving of a fixed payment notice shall be paid into, or disposed of for the benefit of, the Exchequer in such a manner as the Minister determines.

(5) In this section “relevant offence” means an offence under—

(a) section 11 of the Protection of Employment Act 1977,

F12[F13[(b) sections 4(4), 4B(8), 4D(2), 4E(3) and 4F(3) of the Payment of Wages Act 1991,]

(c)section 23of theNational Minimum Wage Act 2000, or

(d) section 6B of theTerms of Employment (Information) Act 1994.]

37. Prosecution of offence under relevant enactments

37. (1) The power vested in the Minister under any relevant enactment to bring and prosecute summary proceedings for an offence under that enactment is transferred to the Commission.

(2) References in any enactment or instrument under an enactment to the Minister in so far as they relate to a power transferred by this section shall be construed as references to the Commission.

F16[(3) This section shall not apply in relation to an offence committed, or alleged to have been committed, before the commencement of this section.]

PART 4 Complaints and Disputes

38. Mediation officers

38. (1) The Director General may, with the consent of the Minister appoint—

(a) such and so many of the members of staff of the Commission, and

(b) such and so many other persons,

as he or she considers appropriate to be a mediation officer or mediation officers for the purposes of this Act.

(2) An appointment under this section shall cease—

(a) if the Director General revokes the appointment in accordance with this section,

(b) in the case of a person appointed to be a mediation officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission, or

(3) The Director General may revoke an appointment under this section.

(4) A mediation officer shall be independent in the performance of his or her functions.

39. Case resolution without reference to adjudication officer

39. (1) (a) Subject to paragraph (b), the Director General may, where he or she is of the opinion that a complaint or dispute is capable of being resolved without being referred to an adjudication officer under section 41, refer the complaint or dispute for resolution to a mediation officer.

(b) The Director General shall not refer a complaint or dispute for resolution to a mediation officer if either of the parties to the complaint or dispute objects to its being so referred.

(2) Where a complaint or dispute is referred for resolution under this section the mediation officer concerned may—

(a) convene a meeting (in this section referred to as a “mediation conference”) in accordance with subsection (3) for the purpose of resolving the complaint or dispute, or

(b) employ such other means as he or she considers appropriate for the purpose of resolving the complaint or dispute.

(3) A mediation conference shall—

(a) take place at a time and place determined by the mediation officer,

(b) be attended by the mediation officer and the parties to the complaint concerned, and

(4) Where a complaint or dispute referred to a mediation officer under this section is resolved, whether by mediation or otherwise—

(a) the mediation officer concerned shall record in writing the terms of the resolution,

(b) each of the parties to the complaint or dispute concerned shall, if satisfied that it accurately represents the terms of the resolution, sign the record thereof, and

(c) the mediation officer concerned shall send the record as so signed to the Director General and give a copy thereof to each of the parties to the complaint or dispute, as the case may be.

(5) (a) Where a mediation officer has attempted (whether by convening a mediation conference or other means) to resolve a complaint or dispute referred to him or her under this section and such conference or the employment of those other means has not resulted in a resolution of the complaint or dispute, the mediation officer shall notify the parties to the complaint or dispute and the Director General in writing of that fact.

(b) The Director General shall, upon receiving a notification under paragraph (a), refer the complaint or dispute concerned for adjudication by an adjudication officer under section 41.

(6) The terms of a resolution of a complaint or dispute recorded in writing and signed by the parties to the complaint or dispute in accordance with subsection (4) shall be binding on the parties and if either party contravenes any such term, the contravention shall be actionable in any court of competent jurisdiction.

(7) The terms of a resolution referred to in subsection (4) shall not be disclosed by a mediation officer or by either party to the complaint or dispute concerned in any proceedings before a court (other than proceedings in respect of the contravention of the terms of the resolution), or otherwise.

(8) All communications (including communications during a mediation conference) by a mediation officer with the parties to a complaint or dispute referred for resolution under this section to him or her and all records and notes, including records and notes relating to a mediation conference held for the purposes of resolving any matter to which the complaint or dispute concerned relates, shall be confidential and shall not be disclosed in any proceedings before a court (other than proceedings in respect of a contravention of the terms of a resolution referred to in subsection (4) ), or otherwise.

(9) In this section—

“complaint” means a complaint presented to the Director General under section 41; and

“dispute” means a dispute referred to the Director General under section 41.

40. Adjudication officers

40. (1) Subject to subsection (2), the Minister may appoint—

(a) such and so many of the members of the staff of the Commission, and

(b) such and so many other persons,

as he or she considers appropriate to be an adjudication officer or adjudication officers for the purposes of this Act.

F17[(1A) A person shall not be eligible for appointment undersubsection (1)to be an adjudication officer where one or more ofsubparagraphs (i)to(iv)ofsubsection (6)(d)apply to the person.]

(2) Subject to subsection (4) a person shall not be appointed under subsection (1)(b) to be an adjudication officer unless that person has been selected for the purpose of his or her being the subject of such an appointment following a competition conducted for that purpose.

(3) (a) Any person who, immediately before the commencement of this Part, was a rights commissioner appointed under subsection (1) of section 13 of the Act of 1969 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act.

(b) Any person who, immediately before the commencement of this Part, was an equality officer appointed under subsection (4) (inserted by section 30(d) of the Equality Act 2004) of section 75 of the Act of 1998 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act.

(4) Subsection (2) shall not apply in respect of the reappointment to be an adjudication officer of a person—

(a) appointed to be an adjudication officer in accordance with paragraph (b) of subsection (1) for a fixed term, or

(b) who, upon the commencement of this Part, stood appointed to be an adjudication officer for the purposes of this Act.

(5) An appointment under subsection (1) shall cease—

(a) F18[if the Government] revokes the appointment in accordance with this section,

(b) in the case of a person appointed to be an adjudication officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the F18[staff of the Commission,]

F19[(d) if the adjudication officer concerned—

(i) is convicted on indictment of an offence,

(ii) is convicted of an offence involving fraud or dishonesty,

(iii) has a declaration made against him or her under section 819 of the Companies Act 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(iv) is subject to, or is deemed to be subject to, a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 whether by virtue of that Chapter or of any other provision of that Act.]

(6) An appointment under subsection (3) shall cease—

(a) F18[if the Government] revokes the appointment in accordance with this section,

(b) in the case of a person standing appointed to be an adjudication officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission,

(i) a rights commissioner appointed for a fixed period, or

(ii) an equality officer appointed for a fixed period,

on the day on which the person’s appointment as rights commissioner or equality officer, as the case may be, would, but for this Part, F18[have ceased, or]

F19[(d) if the adjudication officer concerned—

(i) is convicted on indictment of an offence,

(ii) is convicted of an offence involving fraud or dishonesty,

(iii) has a declaration made against him or her under section 819 of the Companies Act 2014 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

F18[(7) (a) The Government may revoke an appointment under this section if the Government is satisfied that one or more of the grounds specified inparagraph (b)apply to the adjudication officer.

(b) The grounds referred to inparagraph (a)are as follows, namely that an adjudication officer:

(i) has become incapable through ill-health of performing his or her functions;

(ii) has engaged in serious misconduct;

(iii) has failed without reasonable cause, in the opinion of the Government, to perform his or her functions for a continuous period of at least 3 months beginning not earlier than 6 months before the date of the giving of the notice underparagraph (c);

(iv) has contravened to a material extent a provision of the Ethics in Public Office Acts 1995 and 2001 that, by virtue of a regulation under section 3 of the Ethics in Public Office Act 1995 , applies to him or her.

(c) Where the Government proposes to revoke the appointment of an adjudication officer underparagraph (a), they shall give notice in writing to the adjudication officer concerned of the proposal.

(d) A notice underparagraph (c)shall include a statement—

(i) of the reasons for the proposed revocation of appointment,

(ii) that the adjudication officer may, within a period of 30 working days from the giving of the notice or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government, as to why the adjudication officer should not have his or her appointment revoked, and

(iii) that where no representations are received within the period referred to insubparagraph (ii)or the period specified in the notice, as the case may be, the Government shall, without further notice to the adjudication officer, proceed with the revocation of the appointment of the adjudication officer in accordance with this subsection.

(e) In considering whether to revoke the appointment of an adjudication officer underparagraph (a), the Government shall take into account—

(i) any representations made by the adjudication officer underparagraph (d)(ii)within the period referred to in that paragraph or the period specified in the notice, as the case may be, and

(ii) any other matter the Government considers relevant for the purpose of their decision.

(f) Where, having taken into account the matters referred to inparagraph (e), the Government decide to revoke the appointment of an adjudication officer, they shall give notice in writing to the adjudication officer of the decision and the reasons for that decision.]

(8) An adjudication officer shall be independent in the performance of his or her functions.

(9) A reference in any enactment to a rights commissioner shall be construed as including a reference to an adjudication officer.

(10) F20[…]

41. Presentation of complaints and referral of disputes

41.(1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to the Director General that the employee’s employer has contravened a provision specified in Part 1or 2of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.

(2) An employee or an employer (in this Act also referred to as a “complainant”) or, where the complainant so consents, a specified person, may refer a dispute as to the entitlements of the employee under an enactment specified in Part 3 of Schedule 5 to the Director General, and, where a dispute is so referred, the Director General shall, subject to section 39, refer the dispute for adjudication by an adjudication officer.

(3) (a) An agency worker (in this Act also referred to as a “complainant”) within the meaning of the Act of 2012 or any trade union of which the agency worker is a member, with the consent of the agency worker, may present a complaint to the Director General that the hirer (within the meaning of that Act) of the agency worker has contravened section 11, 14 or 24 of that Act in relation to the agency worker, and where a complaint is so presented the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.

(b) References to employee and employer in the subsequent provisions of this Part shall, in so far as they relate to a complaint to which this subsection applies, be construed as references to agency worker within the meaning of the Act of 2012 and hirer within the meaning of that Act respectively.

F21[(3A) An employer or a trade union representative of an employer affected by an agreement specified inparagraph 29ofPart 1ofSchedule 5may present a complaint to the Director General that an employer affected by the agreement has contravened the agreement and, where a complaint is so presented, the Director General shall, subject tosection 39, refer the complaint for adjudication by an adjudication officer.]

(4) The Director General shall refer for adjudication by an adjudication officer a complaint or dispute referred to him or her under paragraph (b) of subsection (3) of section 42 by the Labour Court.

(5) (a) An adjudication officer to whom a complaint or dispute is referred under this section shall—

(i) inquire into the complaint or dispute,

(ii) give the parties to the complaint or dispute an opportunity to—

(I) be heard by the adjudication officer, and

(II) present to the adjudication officer any evidence relevant to the complaint or dispute,

(iii) make a decision in relation to the complaint or dispute in accordance with the relevant redress provision, and

(iv) give the parties to the complaint or dispute a copy of that decision in writing.

(b) In this subsection “relevant redress provision” means—

(i) in relation to a complaint under this section of a contravention of a provision of an enactment specified in Part 1 or 2 of Schedule 5 the provision of that enactment specified in Part 1 of Schedule 6,

(ii) in relation to a dispute as to the entitlements of an employee under an enactment specified in Part 3 of Schedule 5, the provision of that enactment specified in Part 1 of Schedule 6, and

(iii) in relation to a complaint under subsection (3), paragraph 1 of Schedule 2 to the Act of 2012.

(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(7) Subject to subsection (8), an adjudication officer shall not entertain a dispute referred to him or her under this section if—

(a) in the case of a dispute relating to the entitlement of an adopting parent under the Act of 1995, it has been referred to the Director General after the expiration of the period of 6 months beginning on—

(i) the day of placement (within the meaning of that Act) or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the adopting parent’s intention to take leave under that Act (whether adoptive leave or additional adoptive leave, within the meaning of that Act), or

F22[(ii) in the case of a surviving parent (within the meaning of that Act), the date on which the qualifying adopter (within the meaning of that Act) who was the spouse, civil partner or cohabitant, as the case may be, of the surviving parent died,]

(b) in the case of a dispute relating to the entitlement of an employee under the Carer’s Leave Act 2001, it has been referred to the Director General after the expiration of the period of 6 months beginning on the date of the contravention concerned,

(c) in the case of a dispute relating to the entitlement of an employee under the Act of 1994, it has been referred to the Director General after the expiration of the period of 6 months beginning on the date on which the employer is informed—

(i) that the employee is pregnant, has recently given birth or is breastfeeding,

(ii) in the case of an employee who is the expectant father of a child, that the expectant mother of the child is pregnant, or

(iii) in the case of an employee who is the F23[father or other parent] of a child who has been born, that the child’s mother has died,

(d) in the case of a dispute relating to the entitlement of an employee under the National Minimum Wage Act 2000, it has been referred to the Director General after the expiration of the period of 6 months beginning on—

(i) the date on which the employee obtains a statement of his or her average hourly rate of pay in respect of the relevant pay reference period in accordance with section 23 of that Act,

(ii) in circumstances where that statement is not provided having been requested by the employee to be provided to him or her, the day after the date of expiration of the time within which that statement was required to be provided by the employer in accordance with that section, or

(iii) in the case of a dispute to which section 25 of that Act applies, the date on which the employee’s hours of work were reduced or alleged to have been reduced, F24[…]

(e) in the case of a dispute relating to the entitlement of an employee under the Parental Leave Act 1998, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of F25[the dispute,]

F26[(f) in the case of a dispute relating to the entitlement of an employee under the Paternity Leave and Benefit Act 2016, it has been referred to the Director General after the expiration of the period of 6 months beginning on—

(i) in the case of an employee to whomparagraph (a)of the definition of relevant parent within the meaning of that Act applies, the day of placement within the meaning of that Act or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the relevant parent’s intention to take leave under that Act,

(ii) in the case of an employee to whomparagraph (b)of the definition of relevant parent within the meaning of that Act applies, the date on which the employer is informed that the expectant mother of the child concerned is pregnant, or

(iii) in the case of a surviving parent within the meaning of that Act, the date on which the employer is informed thatF22[the qualifying adopter]within the meaning of that Act or mother of the child, as the case may be,F27[has died,]]

F28[(g) in the case of a dispute relating to the entitlement of an employee under the Parent’s Leave and Benefit Act 2019, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date ofF23[the occurrence of the dispute,]]

F31[(ga) in the case of a dispute relating to sections 127 and 128 of the Automatic Enrolment Retirement Savings Act 2024, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of the dispute.]

F29[(h) in the case of a dispute relating to the entitlement of an employee under the Sick Leave Act 2022, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date ofF23[the occurrence of the dispute, and]]

F30[(i) in the case of a dispute relating to the entitlement of an employee or the obligation of the employer, as the case may be, under Part 3 of theWork Life Balance and Miscellaneous Provisions Act 2023, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of theF31[dispute, and]]

(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.

(9) (a) A complaint to which this section applies shall be presented to the Director General under subsection (1) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(b) A dispute to which this section applies shall be referred to the Director General under subsection (2) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.

(c) The Director General shall cause a copy of the notice under paragraph (a) or (b) to be given to the other party to the complaint or dispute concerned.

(10) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.

(11) A person to whom a notice under subsection (10) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.

(12) A person to whom a notice under subsection (10) has been given who—

(a) fails or refuses to comply with the notice, or

(b) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,

shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine.

F32[(12A) (a) An adjudication officer may require a person giving evidence in proceedings under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.

(b) A person who, in or for the purpose of proceedings under this section, 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—

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

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

F33[(13) Proceedings under this section shall be conducted in public unless the adjudication officer, of his or her own motion or upon the application by or on behalf 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.]

F33[(14) (a) Subject toparagraph (b), the Commission shall publish on the internet in such form and in such manner as it considers appropriate every decision of an adjudication officer under this section.

(b) In publishing a decision underparagraph (a), an adjudication officer may determine that, due to the existence of special circumstances, information that would identify the parties in relation to whom the decision was made should not be published by the Commission.]

(15) (a) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute (including a complainant or such a respondent to whom paragraph (b) applies) may be accompanied and represented by—

(i) a trade union official within the meaning of section 11 of the Act of 1990,

(ii) an official of a body that, in the opinion of the adjudication officer, represents the interests of employers,

(iii) a practising barrister or practising solicitor, or

(iv) any other person, if the adjudication officer so permits.

(b) In proceedings before an adjudication officer in respect of a complaint presented, or dispute referred, under this Part, the complainant or respondent to the complaint or dispute may, if he or she has not yet attained the age of 18 years, be accompanied and represented by his or her parent or guardian.

(16) An adjudication officer may, by notice in writing given to the parties to a complaint or dispute to which this section applies, correct any mistake (including any omission) of an administrative or clerical nature in a decision under this section in relation to that complaint or dispute.

F34[(17) The Minister may, by regulations, make provision in relation to any matter relating to—

(a) the presentation of a complaint, referral of a dispute or conduct of proceedings under this section, or

(b) the making of a claim for redress or conduct of proceedings under the Act of 1977,

that he or she considers appropriate.]

(18) In this section “specified person” means—

(a) in relation to a complaint, a person belonging to a class of persons who, immediately before the passing of this Act, would have been entitled to present a complaint on behalf of the complainant concerned under the employment enactment to which the first-mentioned complaint relates, and

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.