Employment Equality Act, 1998

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The forum for seeking redress.

77.— (1) A person who claims—

(a) to have been discriminated against by another in contravention of this Act,

(b) not to be receiving remuneration in accordance with an equal remuneration term,

(c) not to be receiving a benefit under an equality clause, or

(d) to have been penalised in circumstances amounting to victimisation,

may, subject to subsections (2) to (8), seek redress by referring the case to the Director.

(2) If a person claims to have been dismissed—

(a) in circumstances amounting to discrimination by another in contravention of this Act, or

(b) in circumstances amounting to victimisation,

then, subject to subsection (3), a claim for redress for the dismissal may be brought to the Labour Court and shall not be brought to the Director.

(3) If the grounds for such a claim as is referred to in subsection (1) or (2) arise—

(a) under Part III , or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant,

then, subject to subsections (4) to (8), the person making the claim may seek redress by referring the case to the Circuit Court, instead of referring it to the Director under subsection (1) or, as the case may be, to the Labour Court under subsection (2).

(4) In this Part, in relation to a case referred under any provision of this section—

(a) “the complainant” means the person by whom it is referred, and

(b) “the respondent” means the person who is alleged to have discriminated against the complainant or, as the case may be, who is responsible for providing the remuneration to which the equal remuneration term relates or who is responsible for providing the benefit under the equality clause or who is alleged to be responsible for the victimisation.

(5) Subject to subsection (6), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of the occurrence or, as the case may require, the most recent occurrence of the act of discrimination or victimisation to which the case relates.

(6) If on an application made by the complainant the Director, the Labour Court or, as the case may be, the Circuit Court is satisfied that exceptional circumstances prevented the complainant's case (other than a claim not to be receiving remuneration in accordance with an equal remuneration term) being referred within the time limit in subsection (5)—

(a) the Director, the Labour Court or the Circuit Court, as the case may be, may direct that, in relation to that case, subsection (5) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction, and

(b) where such a direction is given, this Part shall have effect accordingly.

(7) Where the complainant's claim for redress is in respect of discrimination by—

(a) the Civil Service Commissioners in the course of such a recruitment or selection process as is referred to in section 76 (5)(a),

(b) the Local Appointments Commissioners in the course of such a recruitment or selection process as is referred to in section 76 (5)(b),

(c) the Minister for Defence in the course of a recruitment process for the Defence Forces, or

(d) the Commissioner of the Garda Síochána in the course of a recruitment process for the Garda Síochána,

the complainant shall in the first instance refer the claim for redress to the Commissioners concerned or, as the case may be, to the Minister for Defence or the Commissioner of the Garda Síochána.

(8) Where subsection (7) applies to a claim for redress in respect of discrimination, the complainant may not refer the case under subsection (1), (2) or (3) unless—

(a) the Commissioners concerned or, as the case may be, the Minister for Defence or the Commissioner of the Garda Síochána have failed to give a decision on the claim on or before the twenty-eighth day after it was referred, or

(b) the complainant is not satisfied with the decision given on the claim,

and in a case to which paragraph (a) or (b) relates, the end of the period of time which is applicable under subsection (5) (including, where appropriate, applicable under that subsection by reference to subsection (6)) shall be construed as—

(i) the end of that period, or

(ii) the end of the period of 28 days from the expiration of the period referred to in paragraph (a) or the date of the decision referred to in paragraph (b),

whichever last occurs.

(9) Where—

(a) a claim for redress relating to employment in the Defence Forces arises under Part III or in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant, and

(b) the complainant is a member of the Defence Forces,

then the claim shall, in the first instance, be referred for redress under the procedure set out in section 104 .

(10) Where subsection (9) applies to a claim for redress, the complainant shall not refer a case under subsection (1), (2) or (3) unless—

(a) a period of 12 months has elapsed after the referral under section 104 to which the claim relates and the procedures under section 104 (2)(a) have not been requested or have not been completed, or

(b) the complainant is not satisfied with the recommendation given under section 104 (2)(b) on the claim,

and in a case to which paragraph (a) or (b) relates, the end of the period of time which is applicable under subsection (5) (including, where appropriate, applicable under that subsection by reference to subsection (6)) shall be construed as—

(i) the end of that period, or

(ii) the end of the period of 28 days from the expiration of the period referred to in paragraph (a) or the date of the recommendation referred to in paragraph (b),

whichever last occurs.