Industrial Relations Act, 1969
|
Rights commissioners. |
13.—(1) The Minister may from time to time appoint a person who shall be known as and is in this Act referred to as a rights commissioner to carry out the functions assigned to him by this section. | |
(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner. | ||
(3) (a) Subject to the provisions of this section, a rights commissioner shall investigate any trade dispute referred to him under subsection (2) of this section and shall, unless before doing so the dispute is settled— | ||
(i) make a recommendation to the parties to the dispute setting forth his opinion on the merits of the dispute, and | ||
(ii) notify the Court of the recommendation. | ||
(b) A rights commissioner shall not investigate a trade dispute— | ||
(i) if the Court has made a recommendation in relation to the dispute, or | ||
(ii) if a party to the dispute notifies the commissioner in writing that he objects to the dispute being investigated by a rights commissioner. | ||
(4) A rights commissioner shall hold office for such period as the Minister may determine and shall be paid such fees and expenses as the Minister, with the consent of the Minister for Finance, may determine from time to time and shall hold office upon and subject to such other terms and conditions as the Minister may determine from time to time. | ||
(5) (a) A rights commissioner may be removed from office by the Minister for stated reasons. | ||
(b) Neither the Civil Service Commissioners Act, 1956 , nor the Civil Service Regulation Acts, 1956 and 1958 , shall apply to the office of rights commissioner. | ||
(6) A rights commissioner may provide for the regulation of proceedings before him in relation to an investigation under this section and may provide for the cases in which persons may appear before him by counsel or solicitor and, except as so provided, no person shall be entitled to appear by counsel or solicitor before him. | ||
(7) The Minister, if he so thinks fit, may appoint more than one rights commissioner at the same time or appoint a rights commissioner at a time when one or more than one rights commissioner stands or stand appointed. | ||
(8) An investigation by a rights commissioner shall be conducted in private. | ||
(9) (a) A party to a dispute in relation to which a rights commissioner has made a recommendation may appeal to the Court against the recommendation and the parties to the dispute shall be bound by the decision of the Court on the appeal. | ||
(b) The Court shall hear and decide any appeal to it under this subsection and it shall convey its decision thereon to the parties. | ||
(c) A hearing under this subsection shall be held in private. | ||
(10) The Court shall not investigate (except by way of appeal to it under subsection (9) of this section) a trade dispute in relation to which a rights commissioner has made a recommendation. |