WORKPLACE RELATIONS ACT 2015

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

• (c) in the case of an appointment that is for a fixed period, on the expiry of that period.

• (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

• (c) be conducted otherwise than in public.

• (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 under subsection (1) to be an adjudication officer where one or more of subparagraphs (i) to (iv) of subsection (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,]

• (c) in the case of an appointment that is for a fixed period, on the F18[expiry of that period, 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

• (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,

• (c) in the case of a person who, immediately before the commencement of this Part was—

• (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

• (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.]

• 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 in paragraph (b) apply to the adjudication officer.

• (b) The grounds referred to in paragraph (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 under paragraph (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 under paragraph (a), they shall give notice in writing to the adjudication officer concerned of the proposal.

• (d) A notice under paragraph (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 in subparagraph (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 under paragraph (a), the Government shall take into account—

• (i) any representations made by the adjudication officer under paragraph (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 in paragraph (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 in paragraph 29 of Part 1 of Schedule 5 may 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 to section 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 whom paragraph (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 whom paragraph (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 that F27[the qualifying adopter] within the meaning of that Act or mother of the child, as the case may be, F28[has died,]]

• F29[(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 of F23[the occurrence of the dispute,]]

• F30[(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.]

• F31[(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 of F32[the occurrence of the dispute,]]

• F33[(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 the Work 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 F32[the occurrence of the dispute, and]]

• F34[(j) in the case of a dispute relating to subsection (3), (4) or (5) of section 5 or section 8, as the case may be, of the Employment (Contractual Retirement Ages) Act 2025, 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.]

• (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.

• F35[(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.]

• F36[(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.]

• F36[(14)
• (a) Subject to paragraph (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 under paragraph (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.

• F37[(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

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

• F21[(19) In this section, references to specified person for the purposes of a complaint in relation to a provision specified in—

• (a) paragraph 29 or 30 of Part 1 of Schedule 5, or

• (b) paragraph 11 of Part 2 of Schedule 5,

shall be construed as references to a trade union representative of the person entitled to present the complaint.]

42. Dismissal of claim by adjudication officer

42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious.

• (2)
• (a) A person whose complaint or dispute is dismissed in accordance with this section may, not later than 42 days from its dismissal, appeal the dismissal to the Labour Court.

• (b) A person shall, when bringing an appeal under this subsection, give notice to the Commission in writing of the bringing of the appeal.

• (c) A notice referred to in paragraph (b) shall specify the grounds upon which the appeal is brought.

• (3) Upon the hearing of an appeal under this section, the Labour Court may—

• (a) affirm the decision of the adjudication officer dismissing the complaint or dispute concerned, or

• (b) annul that decision and refer the complaint or dispute to the Director General.

43. Enforcement of decision of adjudication officer

43. (1) If an employer in proceedings in relation to a complaint or dispute referred to an adjudication officer under section 41 fails to carry out the decision of the adjudication officer under that section in relation to the complaint or dispute in accordance with its terms before the expiration of 56 days from the date on which the notice in writing of the decision was given to the parties, the District Court shall—

• (a) on application to it in that behalf by the employee concerned or the Commission, or

• (b) on application to it in that behalf, with the consent of the employee, by any trade union or excepted body of which the employee is a member,

without hearing F38[…] any evidence (other than in relation to the matters aforesaid) make an order directing the employer to carry out the decision in accordance with its terms.

• (2) Upon the hearing of an application under this section in relation to a decision of an adjudication officer requiring an employer to reinstate or reengage an employee, the District Court may, instead of making an order directing the employer to carry out the decision in accordance with its terms, make an order directing the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Act of 1977.

• (3) The reference in subsection (1) to a decision of an adjudication officer is a reference to such a decision in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned and the references to the date on which notice in writing of the decision was given to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.

• (4) The District Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to the payment of compensation, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Act of 1981, in respect of the whole or any part of the period beginning 42 days after the date on which the decision of the adjudication officer is given to the parties and ending on the date of the order.

• (5) An application under this section to the District Court shall be made to a judge of the District Court assigned to the District Court district in which the employer concerned ordinarily resides or carries on any profession, business or occupation.

• F39[(6) An application under this section to the District Court shall be made on notice to the employer concerned.]

44. Appeal to Labour Court from decision of adjudication officer

44. (1) (a) A party to proceedings under section 41 may appeal a decision of an adjudication officer given in those proceedings to the Labour Court and, where the party does so, the Labour Court shall—

• (i) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,

• (ii) make a decision in relation to the appeal in accordance with the relevant redress provision, and

• (iii) give the parties to the appeal a copy of that decision in writing.

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

• (i) in relation to an appeal from a decision of an adjudication officer under section 41 relating to a complaint under that 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 2 of Schedule 6,

• (ii) in relation to an appeal from a decision of an adjudication officer under section 41 relating 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 2 of Schedule 6 and

• (iii) in relation to an appeal from a decision of an adjudication officer under section 41 relating to a complaint under subsection (3) of that section, paragraph 2 of Schedule 2 to the Act of 2012.

• (2) An appeal under this section shall be initiated by the party concerned giving a notice in writing to the Labour Court containing such particulars as are determined by the Labour Court in accordance with rules under subsection (5) of section 20 of the Act of 1946 and stating that the party concerned is appealing the decision to which it relates.

• (3) Subject to subsection (4) , a notice under subsection (2) shall be given to the Labour Court not later than 42 days from the date of the decision concerned.

• (4) The Labour Court may direct that a notice under subsection (2) may be given to it after the expiration of the period specified in subsection (3) if it is satisfied that the notice was not so given before such expiration due to the existence of exceptional circumstances.

• (5) A copy of a notice under subsection (2) shall be given by the Labour Court to the other party concerned as soon as may be after the receipt of the notice by the Labour Court.

• (6) The Labour Court may refer a question of law arising in proceedings before it under this section to the High Court for determination by the High Court and the determination of the High Court shall be final and conclusive.

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

• (8) The Labour Court may, by notice in writing given to the parties to an appeal under this section, correct any mistake (including any omission) of an administrative or clerical nature in a decision under this section in relation to the appeal.

• (9)
• (a) In proceedings before the Labour Court under this section, the appellant or respondent (including an appellant or 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 Labour Court, represents the interests of employers,

• (iii) a practising barrister or practising solicitor, or

• (iv) any other person, if the Labour Court so permits.

• (b) In proceedings before the Labour Court under this section, the appellant or respondent 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.

45. Enforcement of decision of Labour Court

45. (1) If an employer fails to carry out in accordance with its terms a decision of the Labour Court in relation to an appeal under section 44 before the expiration of 42 days from the date on which notice of the decision is given to the parties, the District Court shall—

• (a) on application to it in that behalf by the employee concerned or the Commission, or

• (b) on application to it in that behalf, with the consent of the employee, by any trade union or excepted body of which the complainant is a member,

without hearing the employer or any evidence (other than in relation to the matters aforesaid) make an order directing the employer to carry out the decision in accordance with its terms.

• (2) The reference in subsection (1) to a decision of the Labour Court is a reference to such a decision in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned and the references to the date on which notice of the decision was given to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.

• (3) The District Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to the payment of compensation, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate referred to in section 22 of the Act of 1981, in respect of the whole or any part of the period beginning 42 days after the date on which the decision of the Labour Court is communicated to the parties and ending on the date of the order.

• (4) An application under this section to the District Court shall be made to a judge of the District Court assigned to the District Court district in which the employer concerned ordinarily resides or carries on any profession, business or occupation.

46. Appeal to High Court on point of law

46. A party to proceedings before the Labour Court under this Part may, not later than 42 days from the service on that party of notice of the decision of the Labour Court in those proceedings, appeal that decision to the High Court on a point of law, and the decision of the High Court in relation thereto shall be final and conclusive.

47. Disposal of complaints by written submissions only

47. (1) The Director General may, where he or she considers that a complaint presented, or dispute referred, to him or her under section 41 may be dealt with by written submissions only, inform the parties to the complaint or dispute, by notification in writing, of his or her intention to deal with the complaint or dispute in that manner.

• (2) Where a party to a complaint presented, or dispute referred, to the Director General under section 41 is given a notification under subsection (1) and, not later than 42 days after having been given the notification, that party informs the Director General that he or she objects to the complaint or dispute being dealt with in the manner specified in the notification, the Director General shall not deal with the complaint or dispute concerned in that manner.

• (3) The Labour Court may, where it considers that an appeal under section 44 may be dealt with by written submissions only, inform the parties to the appeal, by notification in writing, of its intention to deal with the appeal in that manner.

• (4) Where a party to an appeal under section 44 is given a notification under subsection (3) and, not later than 42 days after having been given the notification, he or she informs the Labour Court that he or she objects to the appeal being dealt with in the manner specified in the notification, the Labour Court shall not deal with the appeal in that manner.

48. Striking out of cases that are not pursued

48. (1) Where a complaint is presented to the Director General under section 41, the Director General may strike out the complaint where he or she is satisfied that the complainant has not pursued the complaint within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.

• (2) Where a decision of an adjudication officer is appealed to the Labour Court under section 44, the Labour Court may strike out the appeal if it is satisfied that the appellant has not pursued the appeal within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.

• (3) The Director General shall, as soon as may be after he or she strikes out a complaint in accordance with this section, notify the complainant and respondent to the complaint in writing of the striking out of the complaint.

• (4) The Labour Court shall, as soon as may be after he or she strikes out an appeal in accordance with this section, notify the appellant and respondent to the appeal in writing of the striking out of the appeal.

• (5) Where a complaint or appeal is struck out under this section, the complainant or appellant shall not be entitled to prosecute the proceedings any further.

49. Provisions relating to winding up and bankruptcy

49. (1)There shall be included among the debts that, under section 285 of the Companies Act 1963 or section 621 of the Companies Act 2014 are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of this Part by the company to an employee, and the said section 285 or 621, as may be appropriate, shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where provision is otherwise made in relation thereto under the Companies Act 1963 or the Companies Act 2014, as may be appropriate.

• (2) There shall be included among the debts that, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable by virtue of this Part by the bankrupt or arranging debtor, as the case may be, to an employee, and that section shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where provision is otherwise made in relation thereto under that Act.

50. Amendment of section 20 of Act of 1946

50. Section 20 of the Act of 1946 is amended by the insertion of the following subsection:

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

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

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

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

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

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

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

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

51. Offence to fail or refuse to pay compensation

51. (1) It shall be an offence for a person to fail to comply with an order under section 43 or 45 directing an employer to pay compensation to an employee.

• (2) It shall be a defence to proceedings for an offence under this section for the defendant to prove on the balance of probabilities that he or she was unable to comply with the order due to his or her financial circumstances.

• (3) A person guilty of an offence under this section shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

52. Amendment of enactments

52. (1) The enactments specified in column (3) of Part 1 of Schedule 7 are amended to the extent specified in column (4) of that Part.

• (2) The enactments specified in column (3) of Part 2 of Schedule 7 are amended to the extent specified in column (4) of that Part.

• (3) Subject to section 53, the amendment effected by this section of the enactments specified in column (3) of Part 1, and column (3) of Part 2, of Schedule 7shall not apply in relation to complaints or disputes made, presented or referred to a rights commissioner or the Employment Appeals Tribunal under any such enactment before the commencement of this Part.

53. Certain decisions and recommendations of rights commissioners appealable to Labour Court under section 44

F40[53. (1) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2) or (4) of section 8 applies was made by a rights commissioner before the commencement of this Part and no appeal was brought from the decision or recommendation before such commencement, the decision or recommendation shall be appealable to the Labour Court under section 44 as if the decision or recommendation were a decision of an adjudication officer under section 41.

• (2) Where a decision or recommendation in relation to a complaint or dispute to which subsection (2) or (4) of section 8 applies was not made before the commencement of this Part, any decision or recommendation made by a rights commissioner in relation to the complaint or dispute after such commencement shall be appealable to the Labour Court under section 44 as if the decision were a decision of an adjudication officer under section 41.]

53A. F41[Performance of functions of rights commissioners after commencement of this Part

53A. The functions standing vested in a rights commissioner immediately before the commencement of this Part shall, in relation to complaints or disputes referred to in subsection (2) or (4) of section 8 or subsection (3) of section 52, continue to be performable after such commencement by a person who immediately before such commencement was a rights commissioner.]

PART 5 Dissolution of Labour Relations Commission

54. Definition

54. In this Part “dissolution day” shall be construed in accordance with section 55.

55. Dissolution day for purposes of this Part

55. The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Part.

56. Dissolution of Labour Relations Commission

56. (1) The Labour Relations Commission established by section 24 of the Act of 1990 shall, on the dissolution day, stand dissolved.

• (2) Section 17 shall apply to the person who immediately before the dissolution day performed the functions of accounting officer of the Labour Relations Commission subject to the modifications that—

• (a) references in that section to the Director General shall be construed as references to that person, and

• (b) references to the Commission shall be construed as references to the Labour Relations Commission.

57. Transfer of functions from Labour Relations Commission to Commission

57. (1) All functions that, immediately before the dissolution day, were vested in the Labour Relations Commission are transferred to the Commission.

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

• (3) This section shall come into operation on the dissolution day.

58. Transfer of property of Labour Relations Commission to Commission

58. (1) On the dissolution day all property (other than land), including choses-in-action, that immediately before that day, was vested in the Labour Relations Commission shall stand vested in the Commission without any assignment.

• (2) Every chose-in-action vested in the Commission by virtue of subsection (1) may, on and from the dissolution day, be sued on, recovered or enforced by the Commission in its own name, and it shall not be necessary for the Commission, or the Labour Relations Commission, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

• (3) On the dissolution day all records that, immediately before that day, were records of the Labour Relations Commission shall be records of the Commission and shall, accordingly, be transferred to the Commission.

59. Transfer of rights and liabilities of Labour Relations Commission to Commission

59. (1) All rights and liabilities of the Labour Relations Commission subsisting immediately before the dissolution day and arising by virtue of any contract or commitment (expressed or implied) shall on that day stand transferred to the Commission.

• (2) Every right and liability transferred by subsection (1) to the Commission may, on and after the dissolution day, be sued on, recovered or enforced by or against the Commission in its own name, and it shall not be necessary for the Commission, or the Labour Relations Commission, to give notice to the person whose right or liability is transferred by that subsection of such transfer.

60. Liability for loss occurring before dissolution day

60. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Labour Relations Commission shall after that day, lie against the Commission and not against the Labour Relations Commission.

• (2) Any legal proceedings pending immediately before the dissolution day to which the Labour Relations Commission is a party, shall be continued, with the substitution in the proceedings of the Commission for the Labour Relations Commission.

• (3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Labour Relations Commission, be enforceable against the Commission and not the Labour Relations Commission.

• (4) Any claim made or proper to be made by the Labour Relations Commission in respect of any loss or injury arising from the act or default of any person before the dissolution day shall be regarded as having been made by or proper to be made by the Commission and may be pursued and sued for by the Commission as if the loss or injury had been suffered by the Commission.

61. Provisions consequent upon transfer of functions, property, rights and liabilities to Commission

61. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Labour Relations Commission may, in so far as it relates to a function transferred to the Commission under section 57, be carried on or completed on or after the dissolution day by the Commission.

• (2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 57, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Commission.

• (3) References to the Labour Relations Commission in the memorandum or articles of association of any company shall, on and after the dissolution day, be construed as references to the Commission.

• (4) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Commission under section 58 or 59 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

62. Final accounts and final annual report of Labour Relations Commission

62. (1) The Commission shall, in respect of the period specified under subsection (3) , prepare final accounts of the Labour Relations Commission.

• (2) The Commission shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the dissolution day.

• (3) For the purposes of subsection (1) , the Minister may specify a period that is longer or shorter than a financial year of the Labour Relations Commission.

• (4) The Commission shall prepare the final annual report for the Labour Relations Commission and submit the report to the Minister not later than 5 months after the dissolution day.

PART 6 Dissolution of Employment Appeals Tribunal

63. Definition

63. In this Part “dissolution day” shall be construed in accordance with section 64.

64. Dissolution day for purposes of this Part

64. The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Part.

65. Dissolution of Employment Appeals Tribunal

65. (1) The Employment Appeals Tribunal established by section 39 of the Act of 1967 shall, on the dissolution day, stand dissolved.

• (2) Section 17 shall apply to the person who immediately before the dissolution day performed the functions of accounting officer of the Employment Appeals Tribunal subject to the modifications that—

• (a) references in that section to the Director General shall be construed as references to that person, and

• (b) references to the Commission shall be construed as references to the Employment Appeals Tribunal.

66. Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

• (b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

• (2)
• (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

• (b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

• (3) This section shall come into operation on the dissolution day.

67. Transfer of property of Employment Appeals Tribunal to Labour Court

67. (1) On the dissolution day all property, including choses-in-action, that immediately before that day, was vested in the Employment Appeals Tribunal shall stand vested in the Labour Court without any assignment.

• (2) Every chose-in-action vested in the Labour Court by virtue of subsection (1) may, on and from the dissolution day, be sued on, recovered or enforced by the Labour Court in its own name, and it shall not be necessary for the Labour Court, or the Employment Appeals Tribunal, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

• (3) On the dissolution day all records that, immediately before that day, were records of the Employment Appeals Tribunal shall be records of the Labour Court and shall, accordingly, be transferred to the Labour Court.

68. Transfer of rights and liabilities of Employment Appeals Tribunal to Labour Court

68. (1) All rights and liabilities of the Employment Appeals Tribunal subsisting immediately before the dissolution day and arising by virtue of any contract or commitment (expressed or implied) shall on that day stand transferred to the Labour Court.

• (2) Every right and liability transferred by subsection (1) to the Labour Court may, on and after the dissolution day, be sued on, recovered or enforced by or against the Labour Court in its own name, and it shall not be necessary for the Labour Court, or the Employment Appeals Tribunal, to give notice to the person whose right or liability is transferred by that subsection of such transfer.

69. Liability for loss occurring before dissolution day

69. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Employment Appeals Tribunal shall after that day, lie against the Labour Court and not against the Employment Appeals Tribunal.

• (2) Any legal proceedings pending immediately before the dissolution day to which the Employment Appeals Tribunal is a party, shall be continued, with the substitution in the proceedings of the Labour Court for the Employment Appeals Tribunal.

• (3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Employment Appeals Tribunal, be enforceable against the Labour Court and not the Employment Appeals Tribunal.

• (4) Any claim made or proper to be made by the Employment Appeals Tribunal in respect of any loss or injury arising from the act or default of any person before the dissolution day shall be regarded as having been made by or proper to be made by the Labour Court and may be pursued and sued for by the Labour Court as if the loss or injury had been suffered by the Labour Court.

70. Provisions consequent upon transfer of functions, property, rights and liabilities

70. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Employment Appeals Tribunal may—

• (a) in so far as it relates to a function transferred to the Commission by section 66, be carried on or completed on or after the dissolution day by the Commission, and

• (b) in so far as it relates to a function transferred to the Labour Court by that section, be carried on or completed on or after the dissolution day by the Labour Court.

• (2)
• (a) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 66 to the Commission, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Commission.

• (b) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 66 to the Labour Court, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Labour Court.

• (3) References to the Employment Appeals Tribunal in the memorandum or articles of association of any company shall, on and after the dissolution day, be construed as references to the Labour Court.

• (4) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Labour Court under section 67 or 68 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

PART 7 Miscellaneous

71. Fees

71. The Minister may, in respect of—

• (a) such services provided by the Commission as may be prescribed, and

• (b) such services provided by the Labour Court as may be prescribed,

charge the recipient of any such service a fee for the purpose of defraying the cost of the provision of that service by the Commission or the Labour Court, as the case may be.

72. Forgery of documents

72. (1) A person who forges, or utters knowing it to be forged, a notice, certificate or other document purporting to be issued, granted or given under this Act (in this section referred to as a “forged document”) shall be guilty of an offence.

• (2) A person who alters with intent to defraud or deceive, or utters knowing it to be so altered, a notice, certificate or other document issued, granted or given under this Act (in this section referred to as an “altered document”) shall be guilty of an offence.

• (3) A person who, without lawful authority, has in his or her possession a forged document or an altered document shall be guilty of an offence.

73. Prohibition on unauthorised disclosure of confidential information

73. (1) A relevant person shall not disclose confidential information obtained by him or her while performing functions under this Act unless he or she is required by law, or duly authorised by the Commission, to so do.

• (2) Subsection (1) shall not operate to prevent the disclosure of information—

• (a) in a report to the Board or the Director General,

• (b) by or on behalf of the Board or the Commission to a Minister of the Government,

• (c) in a report referred to in paragraph (a) of subsection (1) of section 26 of the Act of 1990 or a notice referred to in paragraph (a) of subsection (3) of that section.

• (3) A person who contravenes subsection (1) shall be guilty of an offence.

• (4) In this section—

“confidential information” includes information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description;

“relevant person” means—

• (a) the Director General,

• (b) a member of the Board,

• (c) a member of the staff of the Commission,

• (d) an adviser or consultant to the Commission or a member of the staff of such adviser or consultant, or

• (e) any other person engaged under a contract for services by the Commission or a member of the staff of such person.

74. Amendment of section 21 of Act of 1946

74. Section 21 of the Act of 1946 is amended—

• (a) in subsection (1), by—

• (i) the substitution of The Court may, for the purposes of any proceedings before it under this Act, the Unfair Dismissals Act 1977 or Part 4 of the Workplace Relations Act 2015, or any investigation under the Industrial Relations (Amendment) Act 2001, do all or any of the following things” for “The Court may for the purposes of any proceedings before it under this Act or any investigation under the Industrial Relations (Amendment) Act 2001 do all or any of the following things”, and

• (ii) the substitution of the following paragraph for paragraph (b):

• “(b) take evidence on oath and, for that purpose, cause to be administered oaths to persons attending as witnesses before it,”,

and

• (b) F42[…]

75. Amendment of section 10 of Act of 1946

75. (1) Section 10 of the Act of 1946 is amended by—

• (a) the substitution of the following subsection for subsection (3):

• “(3) Subject to subsection (3A) (inserted by section 75(1)(b) of the Workplace Relations Act 2015), the chairman shall—

  • (a) except in the case of a person reappointed to be chairman under subsection (3B) (inserted by that section), be appointed by the Minister from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Public Service Management (Recruitment and Appointments) Act 2004, and

  • (b) hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines.”,

• (b) the insertion of the following subsections:

• “(3A) The person who immediately before the commencement of section 75 of the Workplace Relations Act 2015 stood appointed as chairman shall, from such commencement, continue to be chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

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

• (c) the substitution of the following subsection for subsection (4):

• “(4)

  • (a) The Minister shall—

    • (i) in respect of each workers’ member, designate an organisation (in this section referred to as a ‘designated body’) representative of trade unions of workers to nominate persons for the purposes of this section, and

    • (ii) in respect of each employers’ member, designate a trade union (in this section also referred to as a ‘designated body’) of employers to nominate persons for the purposes of this section,

    and each such designated body shall nominate 3 persons for those purposes.

  • (b) The Minister shall—

    • (i) from among persons nominated under this subsection by a designated body referred to in subparagraph (i) of paragraph (a) appoint a person to be a workers’ member of the Court, and

    • (ii) from among persons nominated under this subsection by a designated body referred to in subparagraph (ii) of paragraph (a) appoint a person to be an employers’ member of the Court.”,

and

• (d) the insertion of the following subsections: