Workplace Relations Act 2015

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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) the deletion of—

(I) paragraphs (b) and (c) of subsection (1A), and

(II) subsections (3), (4), (5), (9) and (10),

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

“(1) (a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the employee to the Director General and, where such a claim is so referred the Director General shall, subject to section 39 of the Act of 2015, refer the claim to an adjudication officer for adjudication by the adjudication officer.

(b) Section 39 of the Act of 2015 shall apply to a claim for redress referred to the Director General under paragraph (a) as it applies to a complaint presented or dispute referred to the Director General under section 41 of that Act, subject to the modification that references, in the said section 39 , to a complaint or dispute shall be construed as references to a claim so referred.”,

(iii) by the substitution of “decision of an adjudication officer” for “recommendation of a rights commissioner” in paragraph (a) of subsection (1A),

(iv) by the insertion of the following subsection:

“(1B) An adjudication officer to whom a claim for redress under this Act is referred under this section shall—

(a) inquire into the claim,

(b) give the parties to the claim an opportunity to—

(i) be heard by the adjudication officer, and

(ii) present to the adjudication officer any evidence relevant to the claim,

(c) make a decision in relation to the claim consisting of—

(i) the grant of redress in accordance with section 7, or

(ii) the dismissal of the claim,

and

(d) give the parties to the claim a copy of that decision in writing.”,

(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) the substitution of the following paragraph for paragraph (a) of subsection (8):

“(a) the procedure to be followed regarding the bringing of appeals under section 9 before the Labour Court,”,

(x) the substitution, in subsection (8), of “Labour Court” for “Tribunal” in each place that it occurs,

(xi) the deletion, in paragraph (g) of subsection (8), of “claims and”,

(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”.

(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.