Workplace Relations Act 2015

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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) by the substitution of the following section for section 83:

“83. Section 44 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 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 proceedings under section 79 of this Act, and

(ii) decision of an adjudication officer shall be construed as a reference to decision of the Director General of the Workplace Relations Commission;

and

(b) any other necessary modifications.”,

(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) in section 101, by —

(i) the insertion, in paragraph (a), of “, or” after “begun”,

(ii) the substitution of the following paragraph for paragraph (b) of subsection (4):

“(b) an adjudication officer has made a decision to which subsection (1)(inserted by paragraph (c) of subsection (1) of section 80 of the Act of 2015) of section 8 of the Act of 1977 applies in respect of the dismissal.”,

and

(iii) the insertion of the following subsection:

“(4A) (a) Where an employee refers—

(i) a complaint under section 77, and

(ii) a claim for redress under the Act of 1977,

to the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the said complaint shall be deemed to have been withdrawn unless, before the relevant date, the employee withdraws the claim under the Act of 1977.

(b) In this subsection—

‘Act of 1977’ means the Unfair Dismissals Act 1977 ;

‘dismissal’ has the same meaning as it has in the Act of 1977;

‘relevant date’ means such date—

(i) as may be prescribed, or

(ii) as may be determined in accordance with regulations made by the Minister.”,

(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.