Industrial Relations Act 1946

PART II.

The Labour Court.

Establishment of the Labour Court.

10

10. (1) There shall be a body, to be known as the Labour Court, to fulfil the functions assigned to it by this Act.

(2) F3 [ ]

F4 [ (3) Subject to subsection (3A) (inserted by section 75(1)(b) of the Workplace Relations Act 2015), the chairman shall

(a) except in the case of a person reappointed to be chairman under subsection (3B) (inserted by that section), be appointed by the Minister from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 , and

(b) hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines. ]

F5 [ (3A) The person who immediately before the commencement of section 75 of the Workplace Relations Act 2015 stood appointed as chairman shall, from such commencement, continue to be chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement. ]

F6 [ (3B) The Minister may reappoint a person whose term of office as chairman expires by the efflux of time to be the chairman. ]

F7 [ (4) (a) The Minister shall

(i) in respect of each workers member, designate an organisation (in this section referred to as a designated body ) representative of trade unions of workers to nominate persons for the purposes of this section, and

(ii) in respect of each employers member, designate a trade union (in this section also referred to as a designated body ) of employers to nominate persons for the purposes of this section,

and each such designated body shall nominate 3 persons for those purposes.

(b) The Minister shall

(i) from among persons nominated under this subsection by a designated body referred to in subparagraph (i) of paragraph (a) appoint a person to be a workers member of the Court, and

(ii) from among persons nominated under this subsection by a designated body referred to in subparagraph (ii) of paragraph (a) appoint a person to be an employers member of the Court. ]

F8 [ (4A) (a) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as a workers member of the Court shall, from such commencement, continue to be a workers member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(b) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as an employers member of the Court shall, from such commencement, continue to be an employers member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(4B) (a) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as a workers member of the Court expires by the efflux of time to be a workers member of the Court.

(b) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as an employers member of the Court expires by the efflux of time to be an employers member of the Court.

(4C) Where a person

(a) appointed under subsection (4) to be a member of the Court,

(b) who continues to be a member of the Court by virtue of subsection (4A), or

(c) reappointed in accordance with subsection (4B) to be a member of the Court,

is, for whatever reason, unable to perform his functions as such member and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy in the membership of the Court shall be deemed to exist and the Minister may, after consultation with the designated body that nominated the person under that subsection, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine. ]

(5) If, when a particular appointment of workers’ members (or, in the event of a casual vacancy, a workers’ member) is to be made—

( a) more than one organisation representative of trade unions of workers is in being, and

( b) the Minister is of opinion that it is undesirable that the appointment should be made under subsection (4) of this section,

he may, by regulations, declare that the appointment, instead of being made under the said subsection (4), shall be made under this subsection, and thereupon the following provisions shall have effect—

(i) the Minister shall invite trade unions of workers and organisations representative of trade unions of workers to nominate persons for appointment, and

(ii) he shall make the appointment from amongst the persons so nominated.

(6) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the office of chairman or ordinary member of the Court.

(7) An ordinary member shall, unless he dies, resigns or is removed, hold office—

( a) if appointed under subsection (4) of this section, for such period, not exceeding five years, as shall be fixed by the Minister when appointing him,

( b) if appointed under subsection (5) of this section, for five years or, if the regulations, by virtue of which he was appointed, are sooner revoked or annulled, until such revocation or annulment.

(8) An ordinary member may be removed from office by the Minister for stated reasons but, if the organisation by which he was nominated is in being, only with the consent of that organisation.

(9) The chairman and the ordinary members shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines.

(10) The Chairman shall devote the whole of his time to the work of the Court.

(11) An ordinary member shall not hold the office of trustee, treasurer, secretary or any other office in, or be a member of any committee of, a trade union, or hold any office or employment which would prevent him from being at all times available for the work of the Court.

(12) A person shall not be appointed to be chairman or a member of the court unless he is ordinarily resident in the State.

Annotations:

Amendments:

F3

Repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

F4

Substituted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(a), S.I. No. 338 of 2015.

F5

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(b), S.I. No. 338 of 2015.

F6

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(b), S.I. No. 338 of 2015.

F7

Substituted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(c), S.I. No. 338 of 2015.

F8

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(d), S.I. No 338 of 2015.

Editorial Notes:

E9

Power pursuant to subs. (5) exercised (21.08.1956) by Labour Court (Appointment of Workers’ Members) Regulations 1956 (S.I. No. 231 of 1956).

E10

Power pursuant to subs. (5) exercised (7.07.1951) by Labour Court (Appointment of Workers’ Members) Regulations 1951 (S.I. No. 195 of 1951).

E11

Power pursuant to subs. (5) exercised (6.09.1946) by Labour Court (Appointment of First Workers’ Members) Regulations 1946 (S.I. No. 292 of 1946).