Employment Equality Act, 1998

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Enforcement by Circuit Court

Enforcement of determinations, decisions and mediated settlements.

91.—(1) If an employer or any other person who is bound by the terms of—

(a) a final determination of the Labour Court under this Part, or

(b) a final decision of the Director under this Part,

fails to comply with the terms of the determination or decision then, on an application under this section, the Circuit Court shall make, subject to section 93 , an order directing the person affected (that is to say, the employer or other person concerned) to carry out the determination or decision in accordance with its terms.

(2) If an employer or the person who is a party to a settlement to which section 78 (5) applies fails to give effect, in whole or in part, to the terms of the settlement, then, on an application under this section, the Circuit Court may make an order directing the person affected (that is to say, the employer or the person who is a party to the settlement) to carry out those terms or, as the case may be, the part of those terms to which the application relates; but the Circuit Court shall not, by virtue of this subsection, direct any person to pay any sum or do any other thing which (had the matter been dealt with otherwise than by mediation) could not have been provided for by way of redress under section 82 .

(3) An application under this section may not be made before the expiry of—

(a) in the case of a determination or decision, the period within which an appeal might be brought against the determination or decision, and

(b) in the case of a settlement reached as a result of mediation, 42 days from the date of the written record of the settlement.

(4) An application under this section may be made—

(a) by the complainant, or

(b) in a case where the Authority is not the complainant, then, by the Authority with the consent of the complainant if the Authority considers that the determination, decision or settlement is unlikely to be implemented without its intervention.

(5) On an application under this section, the Circuit Court shall exercise its functions under subsection (1) or (2) on being satisfied—

(a) of the existence and terms of the determination, decision or settlement, and

(b) of the failure by the person affected to comply with those terms.

(6) For the purposes of this section, a determination or decision is final if no appeal lies from it under this Part or if the time for bringing an appeal has expired and either—

(a) no appeal has been brought, or

(b) any appeal which was brought has been abandoned.

(7) Without prejudice to the power of the Circuit Court to make an order for costs in favour of the complainant or the person affected, where an application is made by the Authority by virtue of subsection (4)(b), the costs of the Authority may be awarded by the Circuit Court.

(8) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.