Unfair Dismissals Act 1977

Determination of claims for unfair dismissal.

8

8. F55 [ (1) (a) A claim by an employee against an employer for redress under this Act for unfair dismissal may be referred by the employee to the Director General and, where such a claim is so referred, the Director General shall, subject to section 39 of the Act of 2015, refer the claim to an adjudication officer for adjudication by that officer.

(b) Section 39 of the Act of 2015 shall apply to a claim for redress referred to the Director General under paragraph (a) as it applies to a complaint presented or dispute referred to the Director General under section 41 of that Act, subject to the modification that references, in the said section 39, to a complaint or dispute shall be construed as references to a claim for redress so referred.

(c) An adjudication officer to whom a claim for redress is referred under this section shall

(i) inquire into the claim,

(ii) give the parties to the claim an opportunity to be heard by the adjudication officer and to present to the adjudication officer any evidence relevant to the claim,

(iii) make a decision in relation to the claim consisting of an award of redress in accordance with section 7 or the dismissal of the claim, and

(iv) give the parties to the claim a copy of that decision in writing. ]

F56 [ F55 [ (1A) A decision of an adjudication officer under subsection (1) consisting of an award of redress in accordance with section 7 shall include a statement of the reasons for the award of such redress and the reasons for the adjudication officer s deciding not to award other redress under that section. ]

F57 [ (1B) Subsection (14) of section 41 of the Act of 2015 applies to a decision of an adjudication officer under subsection (1) as it applies to a decision of an adjudication officer under that section subject to the modification that the words subsection (1) of section 8 of the Act of 1977 shall be substituted for the words this section . ]

(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 F58 [ regulations under subsection (17) of section 41 of the Act of 2015 ] ) to F59 [ the Director General ]

( a ) within the period of 6 months beginning on the date of the relevant dismissal, or

F58 [ (b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication officer considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause, ]

and a copy of the notice shall be given by F59 [ the Director General ] F60 [ ] to the employer concerned as soon as may be after the receipt of the notice by F59 [ the Director General ] .

(3) F61 [ ]

(4) F61 [ ] ]

(5) F61 [ ]

(6) Proceedings under this section before F59 [ an adjudication officer ] shall be conducted otherwise than in public.

F59 [ (7) An adjudication officer shall notify the Labour Court of any decision he makes under this section. ]

(8) F61 [ ]

(9) F61 [ ]

F62 [ F58 [ (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. ]

(11) Where the dismissal of an employee is an unfair dismissal and a term or condition of the contract of employment concerned contravened any provision of or made under the Income Tax Acts or the Social Welfare Acts, 1981 to 1993, the employee shall, notwithstanding the contravention, be entitled to redress under this Act, in respect of the dismissal.

(12) Where, in proceedings under this Act, it is shown that a term or condition of a contract of employment contravened any such provision as aforesaid, F59 [ the adjudication officer or the Labour Court, as may be appropriate ] shall notify the Revenue Commissioners or the Minister for Social Welfare, as may be appropriate, of the matter. ]

F63 [ (13) (a) An adjudication officer may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in proceedings under this section or to produce to the adjudication officer any documents in his or her possession, custody or control that relate to any matter to which those proceedings relate.

(b) A person to whom a notice under paragraph (a) is given shall be entitled to the same immunities and privileges as those to which he or she would be entitled if he or she were a witness in proceedings before the High Court.

(c) A person to whom a notice under paragraph (a) has been given who

(i) fails or refuses to comply with the notice, or

(ii) refuses to give evidence in proceedings to which the notice relates or fails or refuses to produce any document to which the notice relates,

shall be guilty of an offence and shall be liable, on summary conviction, to a class E fine. ]

Annotations:

Amendments:

F55

Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1)(a), (b), commenced by S.I. No. 410 of 2015 as per subs. (4).

F56

Substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(a), commenced as per s. 17(4).

F57

Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1)(c), commenced by S.I. No. 410 of 2015 as per subs. (4).

F58

Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1)(d), (f), commenced by S.I. No. 410 of 2015 as per subs. (4).

F59

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 80(1)(g)(v), (vii), (viii) and (xii), S.I. No. 410 of 2015, subject to transitional provisions in subss. (1A) and (2).

F60

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 80(1)(g)(vi), S.I. No. 410 of 2015, subject to transitional provisions in subss. (1A) and (2).

F61

Deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1)(e), commenced by S.I. No. 410 of 2015 as per subs. (4).

F62

Substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(d), commenced as per s. 17(4).

F63

Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 4, S.I. No. 69 of 2019.

Editorial Notes:

E19

Previous affecting provision: subss. (1)(b), (c) and (3), (4), (5), (9) and (10) deleted, subs. (1) substituted, subs. (1A)(a) amended, subs. (1B) inserted, subs. (8)(a) substituted and subs. (8) amended by Workplace Relations Act 2015 (16/2015), s. 80(1)(g)(1), (ii), (iii), (iv), (ix), (x) and (xi), not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(l)(i), S.I. No. 411 of 2015.

E20

Previous affecting provision: subss. (3), (4) substituted and (5), (9) amended (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(a)-(c), commenced as per s. 17(4); deleted as per F-note above.

E21

Previous affecting provision: subs. (4)(a) modified for the purposes of Maternity Protection of Employees Act 1981 (2/1981), s. 27 (23.10.1981) by Maternity Protection (Disputes and Appeals) Regulations 1981 (S.I. No. 357 of 1981), reg. 6; 1981 Act repealed (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 6(1), S.I. No. 16 of 1995, subject to transitional and continuation provisions.

E22

Previous affecting provision: section applied with modifications (6.04.1981) by Maternity Protection of Employees Act 1981 (2/1981), s. 27(3), commenced as per s. 1; repealed (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 6(1), S.I. No. 16 of 1995, subject to transitional and continuation provisions.