Employment Equality Act, 1998
Special provision as to Defence Forces. |
104.—(1) Save as provided for by section 77 (10), nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the Director, the Labour Court or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part. | |
(2) If requested to do so by an officer, within the meaning of the Defence Act, 1954 , who is authorised in that behalf, the Director shall— | ||
(a) investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the Director or the Labour Court under this Part or of proceedings before the Circuit Court under section 77 (3), and | ||
(b) make a recommendation in respect of that matter to the officer concerned. | ||
(3) A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the Director made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation. | ||
(4) The Director shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation. |