Industrial Relations Act 1946

Procedure of the Court.

20

20. (1) Subject to section 11 of this Act and subsection (2) of this section, the quorum for a meeting or sitting of the Court shall be five.

(2) The chairman may direct that, for the consideration of a particular matter, the Court shall consist of the chairman and two ordinary members selected by him, namely, a workers’ member and an employers’ member, and, if the chairman so directs, no other member shall act as a member of the Court in respect of that matter.

(3) Where—

( a) any question arises under this Act at a meeting or sitting of the Court, and

( b) the members of the Court are unable to agree upon the determination of the question,

the following provisions shall have effect—

(i) if the majority of the ordinary members agree upon the determination of the question, the question shall be determined accordingly,

(ii) if a majority of the ordinary members do not agree, but a majority of all the members agree, the question shall be determined, accordingly,

(iii) otherwise, the question shall be determined in accordance with the opinion of the chairman.

(4) The decision of the Court shall be pronounced by the chairman or such other member as the chairman shall authorise for the purpose, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.

(5) Subject to this section, the Court may make rules for the regulation of its proceedings.

F12 [ (5A) Without prejudice to the generality of subsection (5), rules under that subsection may make provision in relation to any or all of the following matters:

(a) the bringing of appeals to the Court under Part 4 of the Workplace Relations Act 2015;

(b) the hearing of appeals by the Court under section 28 of that Act or the said Part 4;

(c) the times and places of hearings of such appeals;

(d) the representation of the parties at the hearing of such appeals;

(e) the notification and publication of decisions of the Labour Court on the hearing of such appeals;

(f) the giving of notice of appeal from decisions of adjudication officers;

(g) any matters consequential on, or incidental to, any of the foregoing matters. ]

(6) Rules under this section may provide for the cases in which persons may appear before the Court by counsel or solicitor and, except as so provided, no person shall be entitled to appear by counsel or solicitor before the Court.

(7) The Court may hold any sitting or part of a sitting in private.

Annotations:

Amendments:

F12

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 50, S.I. No. 410 of 2015.