Workplace Relations Act 2015

(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 29or30ofPart 1ofSchedule 5, or

(b)paragraph 11ofPart 2ofSchedule 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 F37[…] 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.

F38[(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

F39[53.(1) Where a decision or recommendation in relation to a complaint or dispute to whichsubsection (2)or(4)ofsection 8applies 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 undersection 44as if the decision or recommendation were a decision of an adjudication officer undersection 41.

(2) Where a decision or recommendation in relation to a complaint or dispute to whichsubsection (2)or(4)ofsection 8applies 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 undersection 44as if the decision were a decision of an adjudication officer undersection 41.]

53A. F40[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 insubsection (2)or(4)ofsection 8orsubsection (3)ofsection 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) F41[…]

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:

“(4A) (a) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as a workers’ member of the Court shall, from such commencement, continue to be a workers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(b) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as an employers’ member of the Court shall, from such commencement, continue to be an employers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(4B) (a) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as a workers’ member of the Court expires by the efflux of time to be a workers’ member of the Court.

(b) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as an employers’ member of the Court expires by the efflux of time to be an employers’ member of the Court.

(4C) Where a person—

(a) appointed under subsection (4) to be a member of the Court,

(b) who continues to be a member of the Court by virtue of subsection (4A), or

(c) reappointed in accordance with subsection (4B) to be a member of the Court,

is, for whatever reason, unable to perform his functions as such member and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy in the membership of the Court shall be deemed to exist and the Minister may, after consultation with the designated body that nominated the person under that subsection, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.”.

76. Amendment of Act of 1967

76. (1) The Act of 1967 is amended—

(a) in subsection (1) of section 2, by the insertion of the following definitions:

“ ‘Act of 2015’ means the Workplace Relations Act 2015;

‘adjudication officer’ has the same meaning as it has in the Act of 2015;

‘Director General’ means the Director General of the Workplace Relations Commission;”,

(b) in section 24, by—

(i) the substitution, in paragraph (c) of subsection (1), of “Director General” for “Tribunal”,

(ii) the substitution, in subsection (2A) (inserted by section 12 of the Redundancy Payments Act 1971), of “adjudication officer, if he is satisfied” for “Tribunal, if it is satisfied”, and

(iii) the substitution, in subsection (3) (inserted by section 13 of the Redundancy Payments Act 1979) of—

(I)“Director General” for “Tribunal” in each place that it occurs, and

(II)“at his discretion” for “at its discretion”,

(c) in section 39, by—

(i) the substitution, in subsection (15), of “Director General” for “Tribunal” in each place that it occurs,

(ii) the substitution, in subsection (16), of “Director General” for “Tribunal”,

(iii) the insertion of the following subsection:

“(16A) The Director General shall refer to an adjudication officer for adjudication by that officer an appeal under subsection (15) or a question referred to the Director General under subsection (16).”,

(iv) the insertion of the following subsection:

“(16B) Subsections (15) and (16) of section 41 of the Act of 2015 shall apply in relation to an appeal under subsection (15) or a question referred to the Director General under subsection (16) as they apply to a complaint or dispute to which the said section 41 applies, subject to the following modifications:

(a) references to complaint or dispute shall be construed as references to such an appeal or such a question;

(b) references in the said subsection (15) to complainant or respondent shall be construed as references to employee or employer;

(c) the reference in the said subsection (16) to parties to a complaint or dispute under that section shall be construed as a reference to the employee or employer concerned; and

(d) any other necessary modifications.”,

(v) the substitution, in subsection (17), of “adjudication officer concerned” for “Tribunal” in each place that it occurs,

(vi) the substitution, in paragraph (a) of subsection (19), of “Director General” for “Tribunal”, and

(vii) the substitution, in paragraphs (b), (c), (d), (e), (f), (g) and (i) of subsection (19), of “an adjudication officer” for “the Tribunal” in each place that it occurs,

(d) F42[…]

and

(e) by the substitution of the following section for section 40 (inserted by section 9 of the Redundancy Payments Act 1971):

“Appeal to High Court on point of law

40. 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.”.

(2) The amendments to the Act of 1967 effected by this section shall not apply in relation to—

(a) an appeal to the Employment Appeals Tribunal under subsection (15) of section 39 of that Act brought before the commencement of this section, or

(b) a question referred to in subsection (16) of that section falling to be decided by a deciding officer before the commencement of this section.

77. Amendment of section 2 of Act of 1969

77. Section 2 (inserted by section 9 of the Industrial Relations Act 1976) of the Act of 1969 is amended by the deletion, in subsection (2), of the words “less one”.

78. Certain functions of Labour Court performable by chairman or deputy chairman of Labour Court

78. The Act of 1969 is amended by the insertion of the following section:

“3A. Such functions of the Court as may be prescribed by order made by the Minister, after consultation with the chairman, may be performed by the chairman or a deputy chairman sitting alone.”.

79. Amendment of section 4 of Act of 1969

79. Section 4 of the Act of 1969 is amended by—

(a) the substitution of the following subsection for subsection (1) —

“(1) (a) Subject to subsection (1A) (inserted by section 79(b) of the Workplace Relations Act 2015), the Minister shall appoint persons to be deputy chairmen from among persons in respect of whom recommendations for the purposes of this section have been made by the Public Appointments Service consequent upon the holding of a competition or competitions in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(b) A deputy chairman shall 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:

“(1A) A person who immediately before the commencement of section 79 of the Workplace Relations Act 2015 stood appointed as deputy chairman shall, from such commencement, continue to be deputy 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.

(1B) The Minister may reappoint a person whose term of office as deputy chairman expires by the efflux of time to be a deputy chairman, and paragraph (a) of subsection (1) shall not apply in respect of the reappointment of such person.

(1C) Where a person—

(a) appointed under subsection (1) to be a deputy chairman,

(b) who continues to be a deputy chairman by virtue of subsection (1A), or

(c) reappointed in accordance with subsection (1B) to be a deputy chairman,

is, for whatever reason, unable to perform his functions as deputy chairman and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy among the deputy chairmen shall be deemed to exist and the Minister may, after consultation with the chairman, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.

(1D) If a deputy chairman dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, or a deputy chairman’s term of office expires and he is not reappointed under subsection (1B), the Minister may appoint a person to be a deputy chairman to fill the vacancy so occasioned pending the appointment of a deputy chairman to fill that vacancy in accordance with subsection (1), and the person so appointed shall hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.”,

(c) the substitution of the following subsection for subsection (2):

“(2) (a) The Minister may designate a deputy chairman to perform the functions of the chairman in the absence of the chairman or where the office of chairman is vacant, and a deputy chairman so designated shall in such absence or upon such position becoming vacant perform those functions.

(b) References in any enactment shall, for the purposes of the performance of the functions of chairman by a deputy chairman designated under paragraph (a), include references to that deputy chairman.

(c) A person who, immediately before the commencement of section 79 of the Workplace Relations Act 2015, stood appointed under subsection (1) shall be deemed to have been designated under paragraph (a).”,

(d) the deletion of subsections (3) and (4), and

(e) the substitution of the following subsection for subsection (7):

“(7) The Civil Service Regulation Acts 1956 to 2005 shall not apply to the office of deputy chairman of the Court.”.

80. Amendment of Act of 1977

80. (1) The Act of 1977 is amended—

(a) in section 1, by the insertion of the following definitions:

“ ‘Act of 2015’ means the Workplace Relations Act 2015;

‘adjudication officer’ has the same meaning as it has in the Act of 2015;

‘Director General’ means the Director General of the Workplace Relations Commission;”,

(b) by the substitution, in paragraph (d) of subsection (2A) of section 2, of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”,

(c) by the substitution, in subsection (5) of section 2A of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”,

(d) by the substitution, in subsection (2A) of section 5, of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”,

(e) by the substitution, in subsection (7) of section 6, of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”,

(f) in subsection (1) of section 7, by the substitution of “the adjudication officer or the Labour Court” for “the rights commissioner, the Tribunal or the Circuit Court”,

(g) in section 8, by—

(i) F43[…]

(ii) F43[…]

(iii) F43[…]

(iv) F43[…]

(v) the substitution, in subsection (2), of—

(I) “the Director General” for “a rights commissioner or the Tribunal, as the case may be”, and

(II) “the Director General” for “the rights commissioner or the Tribunal,” in each place that it occurs,

(vi) the deletion, in subsection (2), of “, as the case may be,” in each place that it occurs,

(vii) the substitution, in subsection (6), of “an adjudication officer” for “a rights commissioner”,

(viii) the substitution of the following subsection for subsection (7):

“(7) An adjudication officer shall notify the Labour Court of any decision he makes under this section.”,

(ix) F43[…]

(x) F43[…]

(xi) F43[…]

(xii) by the substitution, in subsection (12), of “the adjudication officer or the Labour Court, as may be appropriate” for “the rights commissioner, the Tribunal or the Circuit Court, as the case may be”,

(h) by the insertion of the following sections:

“Application of provisions of Act of 2015 to claim for redress

8A. (1) Sections 42 and 43 of the Workplace Relations Act 2015 shall apply to a claim referred to an adjudication officer under section 8 as they apply to a complaint or dispute referred to an adjudication officer under section 41 of that Act, subject to the following modifications:

(a) references to a complaint or dispute shall be construed as references to a claim referred to an adjudication officer under section 8 of this Act;

(b) the reference to section 41 shall be construed as a reference to section 8 of this Act; and

(c) any other necessary modifications.

(2) Section 44 of the Workplace Relations Act 2015 shall apply to a decision of an adjudication officer given in respect of a claim for redress under this Act by an employee as it applies to a decision of an adjudication officer given in proceedings under section 41 of that Act, subject to the following modifications:

(a) the reference in subsection (1) of the said section 44 to—

(i) proceedings under section 41 shall be construed as a reference to a claim under section 8 of this Act, and

(ii) those proceedings shall be construed as a reference in relation to that claim;

and

(b) any other necessary modifications.

Disposal of claims by written submission only

8B. (1) The Director General may, where he or she considers that a claim for redress under this Act may be dealt with by written submissions only, inform the parties to the claim, by notification in writing, of his or her intention to deal with the claim in that manner.

(2) Where a party to a claim for redress under this Act 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 claim being dealt with in the manner specified in the notification, the Director General shall not deal with the claim in that manner.

Striking out of claims that are not pursued

8C. (1) Where a claim for redress under this Act is referred to the Director General under section 8, the Director General may strike out the claim if he or she is satisfied that the claim has not been pursued by the employee during the period of one year (or such other period as may be prescribed by regulations made by the Minister) immediately preceding its being struck out.

(2) The Director General shall, as soon as may be after he or she strikes out a claim for redress under this Act in accordance with this section, notify the parties to the claim in writing of the striking out of the claim.

(3) Where a claim for redress under this Act is struck out under this section, the employee who brought the claim shall not be entitled to prosecute the claim any further.”,

(i) by the deletion of section 9,

(j) the insertion of the following section:

“Appeal to High Court on point of law

10A. A party to proceedings before the Labour Court under this Act 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.”.

(k) the substitution of the following section for section 11:

“11. (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 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.”,

and

(l) the substitution, in subsection (2) of section 15, of—

(i) “decision has been made by an adjudication officer” for “recommendation has been made by a rights commissioner”, and

(ii) the deletion of “or the hearing of a claim by the Tribunal has commenced”.

F44[(1A) The functions standing vested in a rights commissioner immediately before the commencement of this section shall, in relation to a claim for redress referred to insubsection (2), continue to be performable after such commencement by a person who immediately before such commencement was a rights commissioner.]

(2) The amendments to the Act of 1977 effected by this section shall not apply in relation to a claim for redress under that Act brought before the commencement of this section.

81. Amendment of Protection of Employees (Employers’ Insolvency) Act 1984

81. (1) Section 1 of the Act of 1984 is amended, in subsection (1), by the insertion of the following definition:

“ ‘Act of 2015’ means the Workplace Relations Act 2015;”.

(2) Section 6 of the Act of 1984 is amended—

(a) in subparagraph (xxx) of paragraph (a) of subsection (2), by the deletion of “and” after “that Schedule,”,

(b) in subparagraph (xxxi) of that paragraph, by the substitution of “that Schedule, and” for “that Schedule.”,

(c) in that paragraph, by the insertion of the following subparagraph (inserted by paragraph 6 of Schedule 2 of the Protected Disclosures Act 2014):

“(xxxii) any amount that an employer within the meaning of the Act of 2015 is required to pay by virtue of a decision of an adjudication officer or the Labour Court under Part 4 of that Act.”,

(d) in paragraph (b) of subsection (2), by the substitution of “, (xxxi) or (xxxii)” for “or (xxxi) ”,

(e) in paragraph (c) of subsection (2), by—

(i) the substitution of “, (xxxi) or (xxxii)” for “or (xxxi) ”, and

(ii) the substitution of the following subparagraph for subparagraph (i):

“(i) the decision or recommendation, as appropriate, of the rights commissioner, or the decision of the adjudication officer under Part 4 of the Act of 2015,”,

and

(f) in the definition of “relevant date” in subsection (9), by the substitution of “, (xxxi) or (xxxii) ” for “or (xxxi) ”.

(3) Section 9 of the Act of 1984 is amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) A person who has applied for a payment—

(a) under section 6 of a debt described in subparagraph (i), (ii) or (iv) of subsection (2)(a) of that section, or

(b) to be made under section 7 of this Act into the resources of a pension scheme,

may present a complaint to the Director General that—

(i) the Minister has failed to make such payment, or

(ii) any such payment made by the Minister is less than the amount that the Minister is required to pay under section 6 or 7, as may be appropriate.”,

(b) the insertion of the following subsections:

“(1A) The Director General shall refer a complaint presented to him or her under subsection (1) for adjudication by an adjudication officer.

(1B) 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 decision by the Minister in relation to the application to which the complaint relates.

(1C) An adjudication officer may entertain a complaint to which this section applies presented to the Director General after the expiration of the period referred to in subsection (1B) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.”,

(c) the substitution of the following subsection for subsection (3):

“(3) Where a claim for payment is made under section 6 or 7 and it appears to the Minister that a doubt exists as to whether or not such claim is allowable (in whole or in part), he may refer any matter arising in connection with the claim to the Director General, and the Director General shall refer the matter for adjudication by an adjudication officer.”,

(d) the substitution, in subsection (4), of “adjudication officer” for “Tribunal” and “he” for “it”,

(e) the insertion of the following subsection:

“(6) In this section—

‘adjudication officer’ has the same meaning as it has in the Act of 2015; and

‘Director General’ means the Director General of the Workplace Relations Commission.”,

and

(f) the deletion of subsections (2) and (5).

F45[(4) The amendment of the Act of 1984 effected by this section shall not apply in relation to a complaint presented to the Employment Appeals Tribunal under section 9 of that Act before the commencement of this section.]

(5) F46[…]

82. Amendment of Part VII of Pensions Act 1990

82. Part VII of the Pensions Act 1990 is amended by—

(a) the deletion, in section 65, of the definition of “the Director” (inserted by section 24 of the Social Welfare (Miscellaneous Provisions) Act 2003),

(b) the substitution of “Director General of the Workplace Relations Commission” for “Director” in each place that it occurs, and

(c) the substitution of “decision” for “recommendation” in each place that it occurs.

83. Amendment of Act of 1998

83. (1) The Act of 1998 is amended—

(a) in section 39, by—

(i) the deletion of paragraph (bb) (inserted by section 25 of the Parental Leave Act 1998), and

(ii) the deletion of paragraph (c),

(b) by the insertion, in subsection (1) of section 74, of the following definitions:

‘Act of 2015’ means the Workplace Relations Act 2015;

‘adjudication officer’ has the same meaning as it has in the Act of 2015;

‘mediation officer’ has the same meaning as it has in the Act of 2015;”,

(c) by the substitution of—

(i) “adjudication officer” for “equality officer” in each place that it occurs,

(ii) “Director General of the Workplace Relations Commission” for “Director of the Equality Tribunal” and “Director” in each place that they occur, and

(iii) “mediation officer” for “equality mediation officer” in each place that it occurs,

(d) in section 75, by—

(i) the deletion of subsections (1), (2), (2A), (3), (4), (4A) and (8), and

(ii) the deletion, in subsection (4B), of “or any other enactment”,

(e) the substitution of the following section for section 78:

“78. Section 39 of the Act of 2015 shall apply to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act as it applies to a complaint presented, or dispute referred, to the Director General of the Workplace Relations Commission under section 41 of the Act of 2015, subject to the modification that references to a complaint or dispute under the said section 39 shall be construed as references to a case so referred.”,

(f) in section 79, by the deletion of subsections (5A) and (7),

(g) F47[…]

(h) by the substitution, after the word “published” in subsection (1) of section 89, of “on the internet in such form and in such manner as the Director General of the Workplace Relations Commission considers appropriate”,

(i) by the substitution of the following section for section 91:

“91. (1) Section 43 of the Act of 2015 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to—

(a) the modification that the following paragraph is substituted for paragraph (a) of subsection (1):

‘(a) on application to it in that behalf by the complainant concerned, the Irish Human Rights and Equality Commission, or’,

and

(b) the following modifications:

(i) references to a complaint or dispute referred to an adjudication officer under section 41 shall be construed as references to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act;

(ii) references to a complaint or dispute shall be construed as references to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act;

(iii) references to decision of an adjudication officer shall be construed as references to decision of the Director General of the Workplace Relations Commission under section 79 of this Act;

(iv) the reference to decision of an adjudication officer under that section shall be construed as a reference to decision of the Director General of the Workplace Relations Commission under section 79 of this Act; and

(v) references to employee shall be construed as references to complainant within the meaning of Part VII of this Act and references to employer shall be construed as references to respondent within such meaning.

(2) Section 45 of the Act of 2015 shall apply to a decision of the Labour Court under section 44 of that Act upon an appeal from a decision of the Director General of the Workplace Relations Commission under section 79 subject to the modification that the following paragraph is substituted for paragraph (b) of subsection (1):

‘(b) on application to it in that behalf, with the consent of the complainant, by the Irish Human Rights and Equality Commission,’.”,

(j) by the deletion of section 92,

(k) by the insertion, after “Chairman of the Labour Court” in paragraph (a) of subsection (1) of section 94, of “, an inspector appointed under section 26 of the Act of 2015”,

(l) by the substitution, in subsection (3) of section 100, of “Workplace Relations Commission” for “Minister”,

(m) F47[…]

(n) in section 103, by—

(i) the substitution, in subsection (1), of “under this Part or section 44 of the Act of 2015 in accordance with section 83” for “under this Part”,

(ii) the substitution, in subsection (2), of “under this Part or under section 44 of the Act of 2015 in accordance with section 83” for “under this Part”,

(iii) the deletion of paragraphs (a) and (d) of subsection (3), and

(iv) the substitution of the following paragraph for paragraph (c) of subsection (3):

“(c) a decision under section 44 of the Act of 2015 to which section 83 applies.”.

(2) The amendment of the Act of 1998 effected by this section shall not apply in relation to a case referred to the Director of the Equality Tribunal under section 77 of that Act before the commencement of this section.

F48[(3) The functions standing vested in an equality officer immediately before the commencement of this section shall, in relation to a case referred to insubsection (2), continue to be performable after such commencement by a person who immediately before such commencement was an equality officer.

(4) The functions standing vested in an equality mediation officer immediately before the commencement of this section shall, in relation to a case referred to insubsection (2), continue to be performable after such commencement by a person who immediately before such commencement was an equality mediation officer.]

84. Amendment of Equal Status Act 2000

84. (1) The Act of 2000 is amended—

(a) in subsection (1) of section 2, by—

(i) the insertion of the following definitions:

" ‘Act of 2015’ means the Workplace Relations Act 2015;

‘adjudication officer’ has the same meaning as it has in the Act of 2015;

‘mediation officer’ has the same meaning as it has in the Act of 2015;

‘Labour Court’ means the body established by the Industrial Relations Act 1946;”,

and

(ii) the deletion of the definition of “Director”,

(b) by the substitution (other than in subparagraph (ii) of paragraph (j) of subsection (2) of section 3) of “Director of the Workplace Relations Commission” for “Director” in each place that it occurs,

(c) by the substitution, in subparagraph (ii) of paragraph (j) of subsection (2) of section 3, of “adjudication officer” for “Director”,

(d) in section 20, by—

(i) the deletion of the definitions of “equality mediation officer” and “equality officer”, and

(ii) the insertion of the following definition:

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

(e) in Part III, by—

(i) the substitution of “adjudication officer” for “equality officer” in each place that it occurs, and

(ii) the substitution of “mediation officer” for “equality mediation officer” in each place that it occurs,

(f) in section 30, by the insertion after the word “published” of “on the internet in such form and manner as the Director General of the Workplace Relations Commission considers appropriate”,

(g) F49[…]

(h) by the deletion of section 32,

(i) in section 41, by the substitution of “Minister for Jobs, Enterprise and Innovation” for “Minister” in each place that it occurs, and

(j) in section 44, by—

(i) the substitution of the following subsection for subsection (1):

“(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Workplace Relations Commission or the Irish Human Rights and Equality Commission.”,

(ii) the substitution of the following subsection for subsection (2):

“(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.”,

and

(iii) the deletion of subsection (3).

(2) The amendment of the Act of 2000 effected by this section shall not apply in relation to a case referred to the Director of the Equality Tribunal under section 21 of that Act before the commencement of this section.

F50[(3) The functions standing vested in an equality officer immediately before the commencement of this section shall, in relation to a case referred to in subsection (2), continue to be performable after such commencement by a person who immediately before such commencement was an equality officer.

(4) The functions standing vested in an equality mediation officer immediately before the commencement of this section shall, in relation to a case referred to in subsection (2), continue to be performable after such commencement by a person who immediately before such commencement was an equality mediation officer.]

85. Amendment of section 5 of Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

85. Section 5 of the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 is amended by—

(a) the substitution, in paragraph (a) of subsection (2), of “Minister” for “National Implementation Body (being the body of that name established, under the aegis of the Department of the Taoiseach, to oversee the attainment and maintenance of industrial peace and stability)”,

(b) the substitution, in subsection (3), of “person” for “body”, and

(c) the substitution, in subsection (10), of “person” for “body”.

86. Other amendments

86. (1) The Organisation of Working Time Act 1997 is amended—

(a) in section 19, by the insertion of the following subsection:

“(1A) For the purposes of this section, a day that an employee was absent from work due to illness shall, if the employee provided to his or her employer a certificate of a registered medical practitioner in respect of that illness, be deemed to be a day on which the employee was—

(a) at his or her place of work or at his or her employer’s disposal, and

(b) carrying on or performing the activities or duties of his or her work.”,

(b) in section 20, by the substitution of the following paragraph for paragraph (c) of subsection (1):

“(c) to the leave being granted—

(i) within the leave year to which it relates,

(ii) with the consent of the employee, within the period of 6 months after the end of that leave year, or

(iii) where the employee—

(I) is, due to illness, unable to take all or any part of his or her annual leave during that leave year or the period specified in subparagraph (ii), and

(II) has provided a certificate of a registered medical practitioner in respect of that illness to his or her employer,

within the period of 15 months after the end of that leave year.”,

and

(c) in section 23, by the substitution of the following subsection for subsection (1):

“(1) (a) Where—

(i) an employee ceases to be employed, and

(ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee,

the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.

(b) In this subsection—

‘relevant period’ means—

(i) in relation to a cessation of employment of an employee to whom subparagraph (i) of paragraph (c) of subsection (1) of section 20 applies, the current leave year,

(ii) in relation to a cessation of employment of an employee to whom subparagraph (ii) of the said paragraph (c) applies, that occurs during the first 6 months of the current leave year—

(I) the current leave year, and

(II) the leave year immediately preceding the current leave year,

(iii) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies, that occurs during the first 12 months of the period of 15 months referred to in the said subparagraph (iii) —

(I) the current leave year, and

(II) the leave year immediately preceding the current leave year,

or

(iv) in relation to a cessation of employment of an employee to whom subparagraph (iii) of the said paragraph (c) applies that occurs during the final 3 months of the period of 15 months referred to in the said subparagraph (iii) —

(I) the current leave year, and

(II) the 2 leave years immediately preceding the current leave year.”.

(2) Section 23 of the Act of 1990 is amended, in paragraph (a) of subsection (3), by the deletion of “(other than established civil servants within the meaning of the Civil Service Regulation Act 1956)”.

(3) Section 2B (inserted by section 2 of the Financial Emergency Measures in the Public Interest Act 2013) of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 is repealed.