Workplace Relations Act 2015
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Adjudication officers | ||
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40. (1) Subject to subsection (2), the Minister may appoint— | ||
(a) such and so many of the members of the staff of the Commission, and | ||
(b) such and so many other persons, | ||
as he or she considers appropriate to be an adjudication officer or adjudication officers for the purposes of this Act. | ||
(2) Subject to subsection (4) a person shall not be appointed under subsection (1)(b) to be an adjudication officer unless that person has been selected for the purpose of his or her being the subject of such an appointment following a competition conducted for that purpose. | ||
(3) (a) Any person who, immediately before the commencement of this Part, was a rights commissioner appointed under subsection (1) of section 13 of the Act of 1969 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act. | ||
(b) Any person who, immediately before the commencement of this Part, was an equality officer appointed under subsection (4) (inserted by section 30 (d) of the Equality Act 2004 ) of section 75 of the Act of 1998 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act. | ||
(4) Subsection (2) shall not apply in respect of the reappointment to be an adjudication officer of a person— | ||
(a) appointed to be an adjudication officer in accordance with paragraph (b) of subsection (1) for a fixed term, or | ||
(b) who, upon the commencement of this Part, stood appointed to be an adjudication officer for the purposes of this Act. | ||
(5) An appointment under subsection (1) shall cease— | ||
(a) if the Minister revokes the appointment in accordance with this section, | ||
(b) in the case of a person appointed to be an adjudication officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission, or | ||
(c) in the case of an appointment that is for a fixed period, on the expiry of that period. | ||
(6) An appointment under subsection (3) shall cease— | ||
(a) if the Minister revokes the appointment in accordance with this section, | ||
(b) in the case of a person standing appointed to be an adjudication officer who is a member of the staff of the Commission, if the person concerned ceases to be a member of the staff of the Commission, | ||
(c) in the case of a person who, immediately before the commencement of this Part was— | ||
(i) a rights commissioner appointed for a fixed period, or | ||
(ii) an equality officer appointed for a fixed period, | ||
on the day on which the person’s appointment as rights commissioner or equality officer, as the case may be, would, but for this Part, have ceased. | ||
(7) The Minister may revoke an appointment under this section. | ||
(8) An adjudication officer shall be independent in the performance of his or her functions. | ||
(9) A reference in any enactment to a rights commissioner shall be construed as including a reference to an adjudication officer. | ||
(10) (a) The functions standing vested in a rights commissioner immediately before the commencement of this Act shall, in relation to a relevant claim, continue to be performable after such commencement by a person who immediately before such commencement was a rights commissioner. | ||
(b) In this subsection “relevant claim” means— | ||
(i) a complaint or dispute to which subsection (2) or (4) of section 8 or subsection (3) of section 52 applies, | ||
(ii) a claim for redress to which subsection (2) of section 80 applies, | ||
(iii) a case to which subsection (2) of section 83 applies, or | ||
(iv) a case to which subsection (2) of section 84 applies. |