Unfair Dismissals Act, 1977
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Determination of claims for unfair dismissal. |
8.—(1) A claim by an employee against an employer for redress under this Act for unfair dismissal may be brought by the employee before a rights commissioner or the Tribunal and the commissioner or Tribunal shall hear the parties and any evidence relevant to the claim tendered by them and, in the case of a rights commissioner, shall make a recommendation in relation to the claim, and, in the case of the Tribunal, shall make a determination in relation to the claim. | |
(2) A claim for redress under this Act shall be initiated by giving a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section) to a rights commissioner or the Tribunal, as the case may be, within 6 months of the date of the relevant dismissal and a copy of the notice shall be given to the employer concerned within the same period. | ||
(3) A rights commissioner shall not hear a claim for redress under this Act if— | ||
(a) the Tribunal has made a determination in relation to the claim, or | ||
(b) any party concerned notifies the commissioner in writing that he objects to the claim being heard by a rights commissioner. | ||
(4) (a) Where a recommendation of a rights commissioner in relation to a claim for redress under this Act is not carried out by the employer in accordance with its terms, the employee concerned may bring the claim before the Tribunal under subsection (1) of this section. | ||
(b) The bringing of a claim before the Tribunal by virtue of this subsection shall be effected by giving to the Tribunal a notice in writing containing such particulars (if any) as may be specified in regulations under section 17 of this Act made for the purposes of subsection (8) of this section. | ||
(5) Subject to subsection (4) of this section, the Tribunal shall not hear a claim for redress under this Act (except by way of appeal from a recommendation of a rights commissioner)— | ||
(a) if a rights commissioner has made a recommendation in relation to the claim, or | ||
(b) unless one of the parties concerned notifies a rights commissioner in writing that he objects to the claim being heard by a rights commissioner. | ||
(6) Proceedings under this section before a rights commissioner shall be conducted otherwise than in public. | ||
(7) A rights commissioner shall notify the Tribunal of any recommendation he makes under this section. | ||
(8) Regulations under section 17 of this Act may provide for all or any of the following matters and for anything consequential thereon or incidental or ancillary thereto— | ||
(a) the procedure to be followed regarding the bringing of claims under this section or appeals under section 9 of this Act before the Tribunal, | ||
(b) the times and places of hearings by the Tribunal, | ||
(c) the representation of parties attending hearings by the Tribunal, | ||
(d) procedure regarding the hearing of such claims and appeals as aforesaid by the Tribunal, | ||
(e) publication and notification of determinations of the Tribunal, | ||
(f) the particulars to be contained in the notices referred to in subsections (2) and (4) of this section and section 9 of this Act, | ||
(g) the award by the Tribunal of costs and expenses in relation to such claims and appeals as aforesaid and the payment thereof. | ||
(9) Section 21 (2) of the Industrial Relations Act, 1946 , shall apply in relation to all proceedings before the Tribunal as if the references in that section to the Labour Court were references to the Tribunal and subsection (17) of section 39 of the Redundancy Payments Act, 1967 , shall apply in relation to proceedings before the Tribunal under this Act as it applies to matters referred to it under the said section 39. | ||
(10) A dispute in relation to a dismissal that is an unfair dismissal for the purposes of this Act shall not be referred to a rights commissioner under section 13 (2) of the Industrial Relations Act, 1969 . |