INDUSTRIAL RELATIONS ACT 1969


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 1 October 2015


This Revised Act is an administrative consolidation of the Industrial Relations Act 1969. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, and all statutory instruments up to and including Employment Regulation Order (Contract Cleaning Joint Labour Committee) 2015 (S.I. No. 418 of 2015), made 1 October 2015, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 1 October 2015


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Industrial Relations Acts 1946 to 2015 : This Act is one of a group of Acts included in this collective citation to be construed together as one ( Industrial Relations (Amendment) Act 2015, s. 1(2), (3)). The Acts in the group are:

Industrial Relations Act 1946 (26/1946)

Industrial Relations (Amendment) Act 1955 (19/1955) (repealed)

Industrial Relations Act 1969 (14/1969)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1990 (19/1990), other than Part II (ss. 8-22)

Industrial Relations (Amendment) Act 2001 (11/2001)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), in so far as it relates to the Industrial Relations Acts 1946 to 2001

Industrial Relations (Amendment) Act 2012 (32/2012) other than ss. 16, 17 and 18

Industrial Relations (Amendment) Act 2015 (27/2015) other than ss. 24, and 36 (collectively cited Industrial Relations Acts 1946 to 2015 and Part 3, other than s. 36, to be construed as one)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Industrial Relations (Amendment) Act 2015 (27/2015)

National Minimum Wage (Low Page Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

Freedom of Information Act 2014 (30/2014)

Education and Training Boards Act 2013 (11/2013)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004)

Industrial Relations (Amendment) Act 2001 (11/2001)

National Minimum Wage Act 2000 (5/2000)

Employment Equality Act 1998 (32/1998)

Freedom of Information Act 1997 (13/1997)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Industrial Relations Act 1990 (19/1990)

Unfair Dismissals Act 1977 (10/1977)

Industrial Relations Act 1976 (15/1976)

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1975 (27/1975)

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1973 (12/1973)

Industrial Relations (Amendment) Act 1955 (19/1955)

Industrial Relations Act 1946 (26/1946)

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Industrial Relations Act 1969 (Section 3A) Order 2015 (S.I. No. 344 of 2015)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993)

Labour Court (Members) Superannuation Scheme (Amendment) Scheme 1983 (S.I. No. 216 of 1983)

Labour Court (Members) Superannuation Scheme (Amendment) Scheme 1979 (S.I. No. 268 of 1979)

Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973)

All statutory instruments up to and including Employment Regulation Order (Contract Cleaning Joint Labour Committee) 2015 (S.I. No. 418 of 2015), made 1 October 2015, were considered in the preparation of this revision.


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 1 October 2015


ARRANGEMENT OF SECTIONS



Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 1 October 2015


AN ACT TO AMEND AND EXTEND THE INDUSTRIAL RELATIONS ACT, 1946. [3 rd June, 1969.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Industrial Relations Acts 1946 to 2012 restricted by Unfair Dismissals Act 1977 (10/1977), s. 8(10); as substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1), commenced by S.I. No. 410 as per subs. (4).

[(10) (a) A dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2012 if, in relation to the dismissal—

(i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced,

(ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act,

(iii) a decision has been made by the Labour Court in accordance with subsection (2) of section 8A affirming a decision (consisting of a dismissal of the claim concerned) of an adjudication officer under this Act, or

(iv) a decision has been made by the Labour Court in accordance with the said subsection (2) —

(I) setting aside a decision to which subparagraph (ii) applies, and

(II) not awarding any redress under section 7.

(b) An employee shall not be entitled to redress under this Act in respect of a dismissal if, in relation to the dismissal—

(i) a recommendation has been made by a rights commissioner or an adjudication officer under the Industrial Relations Acts 1946 to 2012, or

(ii) a hearing by the Labour Court under those Acts has commenced. ]

C2

Application of collectively cited Industrial Relations Acts 1946 to 1990 restricted (31.05.2001) by Industrial Relations (Amendment) Act 2001 (11/2001), s. 2, S.I. No. 232 of 2001, as partly substituted (6.04.2004) by Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), s. 2, S.I. No. 138 of 2004.

Investigation of dispute by Court.

2.—(1) Notwithstanding anything contained in the Industrial Relations Acts, 1946 to 1990, at the request of a trade union or excepted body, the Court may investigate a trade dispute where the Court is satisfied that—

[(a) it is not the practice of the employer to engage in collective bargaining negotiations in respect of the grade, group or category of workers who are party to the trade dispute and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute,

(b) either—

(i) the employer has failed to observe—

(I) a provision of the Code of Practice on Voluntary Dispute Resolution under section 42 of the Industrial Relations Act 1990 specifying the period of time for the doing of any thing (or such a provision of any code of practice amending or replacing that code), or

(II) any agreement by the parties extending that period of time,

or

(ii) the dispute having been referred to the Commission for resolution in accordance with the provisions of such code, no further efforts on the part of the Commission will, in the opinion of the Commission, advance the resolution of the dispute and the Court has received a report from the Commission to that effect, ]

(c) the trade union or the excepted body or the employees, as the case may be, have not acted in a manner which, in the opinion of the Court, has frustrated the employer in observing a provision of such code of practice, and

(d) the trade union or the excepted body or the employees, as the case may be, have not had recourse to industrial action after the dispute in question was referred to the Commission in accordance with the provisions of such code of practice.

(2) In the course of an investigation under subsection (1) the Court shall have regard to the entirety of labour relations practices in the employment concerned including labour relations practices engaged in by the employer or an associated employer in another employment including an employment outside the State.

C3

Application of collectively cited Industrial Relations Acts 1946 to 1990 potentially restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 42, S.I. No. 96 of 2000.

Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.

42.— The provisions of this Act are in addition to and not in derogation of the Industrial Relations Acts, 1946 to 1990, or—

(a) Employment Regulation Orders, and the enforcement of such Orders, made under those Acts, or

(b) Registered Employment Agreements, and the enforcement of such Agreements, on the register under those Acts on the commencement of this section,

except that where a minimum hourly rate of pay in accordance with this Act is a greater amount than the minimum rate of pay prescribed under an Employment Regulation Order or such a Registered Employment Agreement, the employee’s entitlement to pay in accordance with this Act shall prevail.

C4

Functions transferred and terms “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, 4, and sch. pt. 1, subject to transitional provisions in arts. 5-9. Note that the name of the Minister for and Department of Industry and Commerce was changed:

• to the Minister for and Department of Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993);

• to the Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to the Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to the Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Industry and Commerce.

(2) References to the Department of Labour contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the functions vested in the Minister for Labour by or under:—

(a) any Act mentioned in the Schedule to this Order, and

...

(c) the provisions mentioned in the Schedule to the Order so mentioned.

(2) References to the Minister for Labour contained in any Act or instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Industry and Commerce.

...

Schedule

Part I

Acts functions under which are transferred from the Minister for Labour to the Minister for Industry and Commerce.

...

Industrial Relations Acts, 1946 to 1990.

...

C5

Meaning of “rights commissioner” modified (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 35, commenced on enactment.

The Rights Commissioner Service.

35.—(1) The rights commissioners shall operate as a service of the Commission and references to rights commissioners in the Industrial Relations Act, 1969, the Unfair Dismissals Act, 1977, and the Maternity Protection of Employees Act, 1981, shall be taken to be references to rights commissioners so operating.

(2) A rights commissioner shall be independent in the performance of his functions.

C6

Meaning of terms “independent member” and “chairman” extended (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 44 and sch. 5 para. 2(3)

FIFTH SCHEDULE

Constitution and Proceedings of Joint Labour Committees

2. ...

(3) The Minister shall appoint an independent person who shall act as independent member and chairman in the absence of the chairman and references in the Acts to an independent member or the chairman shall include references to a person so acting.

...

C7

Application of collectively cited Industrial Relations Acts 1946 to 1990 restricted (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 8(10), S.I. No. 138 of 1977, as substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(d), commenced as per s. 17(4).

Determination of claims for unfair dismissal.

8.— ...

[(10) (a) A dispute in relation to a dismissal as respects which a recommendation has been made by a rights commissioner under this Act or a hearing by the Tribunal under this Act has commenced shall not be referred, under the Industrial Relations Acts, 1946 to 1990, to a rights commissioner or the Labour Court.

(b) Where, in relation to a dismissal, a recommendation has been made by a rights commissioner, or a hearing by the Labour Court under the said Acts has commenced, the employee concerned shall not be entitled to redress under this Act in respect of the dismissal. ]

...

C8

Application of Act restricted (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 8(1), commenced on enactment.

Additional divisions of the Court.

8.—(1) Whenever the Minister is of opinion that for the speedy dispatch of the business of the Court it is expedient that there should be added to the Court another division or other divisions he may, notwithstanding anything in the Act of 1969, by order, made with the consent of the Minister for the Public Service, provide for such an additional division or divisions.

...

C9

Functions transferred and term “Minister for Finance” construed (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973, arts. 3, 4(1)(n), subject to transitional provisions in arts. 6-8.

3. (1) The administration and business in connection with the exercise, performance or execution of—

(a) any functions transferred by Article 4 of this Order,

...

(c) any functions referred to in section 1 (ii) of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), that relate to equipment for the automatic processing of information,

are hereby transferred to the Department of the Public Service.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the operative date, be construed as references to the Department of the Public Service.

4. (1) The functions vested in the Minister for Finance by or under the following enactments are hereby transferred to the Minister for the Public Service: ...

(n) Industrial Relations Acts, 1946 and 1969,

...

(6) References to the Minister for Finance contained in any enactment or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the operative date, be construed as references to the Minister for the Public Service.

Editorial Notes:

E1

One year time limit for institution of summary proceedings for an offence under collectively cited Industrial Relations Acts 1946 to 1990 prescribed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 5, commenced on enactment.

E2

Previous affecting provision: application of collectively cited Industrial Relations Acts 1946 and 1969 extended (15.12.1975) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1975 (27/1975), s. 3(1)(b)(ii), S.I. No. 305 of 1975; ceased (29.06.1976) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1975, (Expiration) Order 1976 (S.I. No. 137 of 1976).