Industrial Relations Act 1990


Number 19 of 1990


INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 20 December 2017


This Revised Act is an administrative consolidation of the Industrial Relations Act 1990. 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 Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Industrial Relations Act 1990 (Code of Practice on Longer Working) (Declaration) Order 2017 (S.I. No. 600 of 2017), made 20 December 2017, 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 19 of 1990


INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 20 December 2017


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: insofar as it relates to them, 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 (32/2012), s. 1(2), (3)). The Acts in this 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Industrial Relations (Amendment) Act 1955 (19/1955) (repealed)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)

Trade Union Acts 1871 to 1990: insofar as it relates to them, Part II of this Act is one of a group of Acts included in this collective citation, to be construed together as one (s. 2(2) of this Act). The Acts in this group are:

Trade Union Act 1871 (34 & 35 Vict. c. 31)

Trade Union Act Amendment Act 1876 (39 & 40 Vict. c. 22)

Trade Union Act 1913 (2 & 3 Geo. 5 c. 30)

Trade Union (Amalgamation) Act 1917 (7 & 8 Geo. 5. c. 24) (repealed)

Trade Union Act 1935 (35/1935)

Trade Union Act 1941 (22/1941)

Trade Union Act 1942 (23/1942)

Trade Union Act 1948 (11/1948) (spent)

Trade Union Act 1949 (11/1949) (spent)

Trade Union Act 1950 (19/1950) (spent)

Trade Union Act 1951 (14/1951) (spent)

Trade Union Act 1952 (13/1952)

Trade Union Act 1971 (33/1971)

Trade Union Act 1975 (4/1975)

Trade Disputes (Amendment) Act 1982 (15/1982) (repealed)

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

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 1991, 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)

Workplace Relations Act 2015 (16/2015)

Freedom of Information Act 2014 (30/2014)

Water Services (No. 2) Act 2013 (50/2013)

Education and Training Boards Act 2013 (11/2013)

Industrial Relations (Amendment) Act 2012 (32/2012)

Health Act 2004 (42/2004)

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

Equality Act 2004 (24/2004)

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 (21/1998)

Freedom of Information Act 1997 (13/1997)

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

Unfair Dismissals Act 1977 (10/1977)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1969 (14/1969)

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

Industrial Relations Act 1946 (26/1946)

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Industrial Relations Act 1990 (Code of Practice on Longer Working) (Declaration) Order 2017 (S.I. No. 600 of 2017)

Industrial Relations Act 1990 (Code of Practice on Protected Disclosures Act 2014) (Declaration) Order 2015 (S.I. No. 464 of 2015)

Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2015 (S.I. No. 463 of 2015)

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

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2011 (S.I. No. 213 of 2011)

Employment Regulation Order (Argricultural Workers Joint Labour Committee) 2010 (S.I. No. 602 of 2010)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2010 (S.I. No. 448 of 2010)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2010 (S.I. No. 164 of 2010)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2009 (S.I. No. 374 of 2009)

Employment Regulation Order (Hotels Joint Labour Committee) 2009 (S.I. No. 359 of 2009)

Employment Regulation Order [catering Joint Labour Committee (For the Areas Known Until 1st January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire)] 2009 (S.I. No. 224 of 2009)

Employment Regulation Order [catering Joint Labour Committee (For the Areas Other Than the Areas Known Until 1st January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire)] 2009 (S.I. No. 217 of 2009)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2009 (S.I. No. 215 of 2009)

Hairdressing Joint Labour Committee Establishment Order 2009 (S.I. No. 45 of 2009)

Hairdressing Joint Labour Committee (Abolition) Order 2009 (S.I. No. 44 of 2009)

Hairdressing (Cork County Borough) Joint Labour Committee (Abolition) Order 2009 (S.I. No. 43 of 2009)

Women’s Clothing and Millinery Joint Labour Committee (Abolition) Order 2008 (S.I. No. 333 of 2008)

Tailoring Joint Labour Committee (Abolition) Order 2008 (S.I. No. 332 of 2008)

Shirtmaking Joint Labour Committee (Abolition) Order 2008 (S.I. No. 331 of 2008)

Handkerchief and Household Piece Goods Joint Labour Committee (Abolition) Order 2008 (S.I. No. 330 of 2008)

Clothing Joint Labour Committee Establishment Order 2008 (S.I. No. 329 of 2008)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2008 (S.I. No. 249 of 2008)

Employment Regulation Order (Hotels Joint Labour Committee) 2008 (S.I. No. 149 of 2008)

Employment Regulation Order (Hairdressing (for the Area Known Until 1St January, 2002 As Cork County Borough and, thereafter, Known As Cork City) Joint Labour Committee) 2008 (S.I. No. 144 of 2008)

Employment Regulation Order Catering Joint Labour Committee (for Areas Other Than the Areas Known, Until 1St January, 1994, As the County Borough of Dublin and the Borough of Dun Laoghaire) 2008 (S.I. No. 142 of 2008)

Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008 (S.I. No. 132 of 2008)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2008 (S.I. No. 93 of 2008)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2008 (S.I. No. 5 of 2008)

Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 624 of 2007)

Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee (Abolition) Order 2007 (S.I. No. 623 of 2007)

Employment Regulation Order (Hairdressing Joint Labour Committee) (No. 2) 2007 (S.I. No. 505 of 2007)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2007 (S.I. No. 311 of 2007)

Employment Regulation Order (Contract Cleaning (excluding the City and County of Dublin) Joint Labour Committee) 2007 (S.I. No. 310 of 2007)

Employment Regulation Order (Catering Joint Labour Committee (For Areas Other Than the Areas Known, Until 1st January, 1994, As the County Borough of Dublin and the Borough of Dun Laoghaire) 2007 (S.I. No. 296 of 2007)

Employment Regulation Order (Hairdressing (For The Area Known Until 1st January, 2002 As Cork County Borough And, Thereafter, Known As Cork City) Joint Labour Committee) 2007 (S.I. No. 244 of 2007)

Industrial Relations Act 1990 (Code of Practice for Protecting Persons Employed in Other Peoples Homes) (Declaration) Order 2007 (S.I. No. 239 of 2007)

Employment Regulation Order [Catering Joint Labour Committee (For the Areas Known Until 1st January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire)] 2007 (S.I. No. 228 of 2007)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2007 (S.I. No. 190 of 2007)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2007 (S.I. No. 118 of 2007)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2007 (S.I. No. 7 of 2007)

Employment Regulation Order (Hotels Joint Labour Committee) 2007 (S.I. No. 4 of 2007)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) (No 2) 2006 (S.I. No. 591 of 2006)

Employment Regulation Order (Provender Milling Joint Labour Committee) 2006 (S.I. No. 560 of 2006)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 2006 (S.I. No. 559 of 2006)

Employment Regulation Order (Women’s Clothing And Millinery Joint Labour Committee) 2006 (S.I. No. 516 of 2006)

Employment Regulation Order (Tailoring Joint Labour Committee) 2006 (S.I. No. 515 of 2006)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 2006 (S.I. No. 514 of 2006)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 2006 (S.I. No. 513 of 2006)

Employment Regulation Order (Security Industry Joint Labour Committee) 2006 (S.I. No. 500 of 2006)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) (No. 2) 2006 (S.I. No. 459 of 2006)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) (No. 2) 2006 (S.I. No. 458 of 2006)

Employment Regulation Order (Hairdressing (for the Area Known Until 1St January, 2002 as Cork County Borough and, Thereafter, Known as Cork City) Joint Labour Committee) 2006 (S.I. No. 276 of 2006)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2006 (S.I. No. 251 of 2006)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2006 (S.I. No. 249 of 2006)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 73 of 2006)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 72 of 2006)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2006 (S.I. No. 24 of 2006)

Industrial Relations Act 1990 (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006)

Employment Regulation Order [Catering Joint Labour Committee (For The Areas Known Until 1st January, 1994 As The County Borough Of Dublin And The Borough Of Dun Laoghaire)] 2005 (S.I. No. 723 of 2005)

Employment Regulation Order (Catering Joint Labour Committee (For Areas Other Than The Areas Known, Until 1st January, 1994, As The County Borough Of Dublin And The Borough Of Dun Laoghaire) 2005 (S.I. No. 702 of 2005)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 2005 (S.I. No. 609 of 2005)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 2005 (S.I. No. 608 of 2005)

Employment Regulation Order (Tailoring Joint Labour Committee) 2005 (S.I. No. 607 of 2005)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 2005 (S.I. No. 606 of 2005)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2005 (S.I. No. 567 of 2005)

Employment Regulation Order (Hotels Joint Labour Committee) 2005 (S.I. No. 558 of 2005)

Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 524 of 2005)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 523 of 2005)

Employment Regulation Order (Hairdressing (for the area known until 1st January, 2002 as Cork County Borough and, thereafter, known as Cork City) Joint Labour Committee) 2005 (S.I. No. 377 of 2005)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2005 (S.I. No. 376 of 2005)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2005 (S.I. No. 375 of 2005)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2005 (S.I. No. 214 of 2005)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 2005 (S.I. No. 195 of 2005)

Employment Regulation Order (Provender Milling Joint Labour Committee) 2005 (S.I. No. 194 of 2005)

Employment Regulation Order (Security Industry Joint Labour Committee) 2005 (S.I. No. 78 of 2005)

Employment Regulation Order [Catering Joint Labour Committee (For The Areas Known Until 1St January, 1994 As The County Borough of Dublin and The Borough of Dun Laoghaire)] 2004 (S.I. No. 702 of 2004)

Employment Regulation Order (Women’s Clothing and Millinery) Joint Labour Committee 2004 (S.I. No. 684 of 2004)

Employment Regulation Order (Tailoring) Joint Labour Committee 2004 (S.I. No. 683 of 2004)

Employment Regulation Order (Shirtmaking) Joint Labour Committee, 2004 (S.I. No. 682 of 2004)

Employment Regulation Order (Handkerchief and Household Piece Goods) Joint Labour Committee 2004 (S.I. No. 681 of 2004)

Employment Regulation Order (Aerated Waters and Wholesale Bottling) Joint Labour Committee 2004 (S.I. No. 552 of 2004)

Employment Regulation Order (Law Clerks) Joint Labour Committee 2004 (S.I. No. 522 of 2004)

Employment Regulation Order (Hairdressing (Cork County Borough) Joint Labour Committee) (No. 2) 2004 (S.I. No. 519 of 2004)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2004 (S.I. No. 518 of 2004)

Employment Regulation Order (Catering Joint Labour Committee (For Areas Other Than The Areas Known, Until 1St January, 1994, As The County Borough of Dublin and The Borough of Dun Laoghaire) 2004 (S.I. No. 144 of 2004)

Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2004 (S.I. No. 88 of 2004)

Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 60 of 2004)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 59 of 2004)

Employment Regulation Order (Hairdressing (Cork County Borough) Joint Labour Committee) 2004 (S.I. No. 43 of 2004)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2004 (S.I. No. 33 of 2004)

Employment Regulation Order (Hotels Joint Labour Committee) 2004 (S.I. No. 15 of 2004)

Employment Regulation Order (Security Industry Joint Labour Committee) 2003 (S.I. No. 631 of 2003)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2003 (S.I. No. 612 of 2003)

Employment Regulation Order (Law Clerks Joint Labour Committee) (No. 2) 2003 (S.I. No. 543 of 2003)

Employment Regulation Order (Catering Joint Labour Committee (For Areas Other Than The Areas Known, Until 1St January, 1994, As The County Borough of Dublin and The Borough of Dun Laoghaire) 2003 (S.I. No. 460 of 2003)

Employment Regulation Order (Catering Joint Labour Committee (For The Areas Known Until 1St January, 1994 As The County Borough of Dublin and The Borough of Dun Laoghaire) 2003 (S.I. No. 457 of 2003)

Employment Regulation Order (Provender Milling Joint Labour Committee) 2003 (S.I. No. 355 of 2003)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 354 of 2003)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 353 of 2003)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee), 2003 (S.I. No. 282 of 2003)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 2003 (S.I. No. 225 of 2003)

Employment Regulation Order (Tailoring Joint Labour Committee) 2003 (S.I. No. 224 of 2003)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 2003 (S.I. No. 223 of 2003)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 2003 (S.I. No. 222 of 2003)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2003 (S.I. No. 185 of 2003)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2003 (S.I. No. 154 of 2003)

Employment Regulation Order (Hotels Joint Labour Committee) 2003 (S.I. No. 96 of 2003)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2002 (S.I. No. 548 of 2002)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2002 (S.I. No. 532 of 2002)

Employment Regulation Order (Catering Joint Labour Committee) 2002 (S.I. No. 475 of 2002)

Employment Regulation Order (Provender Milling Joint Labour Committee) (No. 2) 2002 (S.I. No. 375 of 2002)

Employment Regulation Order (Provender Milling Joint Labour Committee) 2002 (S.I. No. 353 of 2002)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 2002 (S.I. No. 209 of 2002)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 2002 (S.I. No. 203 of 2002)

Employment Regulation Order (Tailoring Joint Labour Committee) 2002 (S.I. No. 202 of 2002)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 2002 (S.I. No. 201 of 2002)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 2002 (S.I. No. 200 of 2002)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 158 of 2002)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 157 of 2002)

Employment Regulation Order (Hotels Joint Labour Committee) 2002 (S.I. No. 137 of 2002)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2002 (S.I. No. 136 of 2002)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2002 (S.I. No. 88 of 2002)

Industrial Relations Act 1990 (Code of Practice Detailing Procedures For Addressing Bullying in The Workplace) (Declaration) Order 2002 (S.I. No. 17 of 2002)

Employment Regulation Order (Catering Joint Labour Committee) 2001 (S.I. No. 303 of 2001)

Employment Regulation Order (Provender Milling Joint Labour Committee) 2001 (S.I. No. 299 of 2001)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 2001 (S.I. No. 260 of 2001)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 2001 (S.I. No. 259 of 2001)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 2001 (S.I. No. 258 of 2001)

Employment Regulation Order (Tailoring Joint Labour Committee) 2001 (S.I. No. 257 of 2001)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2001 (S.I. No. 208 of 2001)

Employment Regulation Order (Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee) 2001 (S.I. No. 185 of 2001)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2001 (S.I. No. 184 of 2001)

Freedom of Information Act, 1997 (Prescribed Bodies) (No. 3) Regulations 2001 (S.I. No. 128 of 2001)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2001 (S.I. No. 123 of 2001)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2001 (S.I. No. 122 of 2001)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2001 (S.I. No. 96 of 2001)

Employment Regulation Order (Security Industry Joint Labour Committee), 2001 (S.I. No. 35 of 2001)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 2001 (S.I. No. 10 of 2001)

Employment Regulation Order (Hotels Joint Labour Committee) 2000 (S.I. No. 400 of 2000)

Employment Regulation Order (Catering Joint Labour Committee) 2000 (S.I. No. 285 of 2000)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 2000 (S.I. No. 277 of 2000)

Employment Regulation Order (Tailoring Joint Labour Committee) 2000 (S.I. No. 276 of 2000)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 2000 (S.I. No. 275 of 2000)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 2000 (S.I. No. 274 of 2000)

Employment Regulation Order (Provender Milling Joint Labour Committee) (No. 2) 2000 (S.I. No. 259 of 2000)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 2000 (S.I. No. 236 of 2000)

Employment Regulation Order (Hairdressing Joint Labour Committee) (No. 2) 2000 (S.I. No. 228 of 2000)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 2000 (S.I. No. 205 of 2000)

Employment Regulation Order (Law Clerks Joint Labour Committee) 2000 (S.I. No. 193 of 2000)

Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 (S.I. No. 146 of 2000)

Industrial Relations Act, 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (S.I. No. 145 of 2000)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2000 (S.I. No. 84 of 2000)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 2000 (S.I. No. 51 of 2000)

Employment Regulation Order (Provender Milling Joint Labour Committee) 2000 (S.I. No. 43 of 2000)

Employment Regulation Order (Security Industry Joint Labour Committee) 2000 (S.I. No. 20 of 2000)

Employment Regulation Order (Hairdressing Joint Labour Committee) 2000 (S.I. No. 1 of 2000)

Contract Cleaning (Excluding The City and County of Dublin) Joint Labour Committee Establishment Order 1999 (S.I. No. 405 of 1999)

Employment Regulation Order (Hotels Joint Labour Committee) 1999 (S.I. No. 283 of 1999)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1999 (S.I. No. 261 of 1999)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1999 (S.I. No. 255 of 1999)

Employment Regulation Order (Provender Milling Joint Labour Committee) (No. 2) 1999 (S.I. No. 236 of 1999)

Employment Regulation Order (Contract Cleaning (City and Country of Dublin) Joint Labour Committee),1999 (S.I. No. 152 of 1999)

Employment Regulation Order (Catering Joint Labour Committee) 1999 (S.I. No. 68 of 1999)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1999 (S.I. No. 67 of 1999)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1999 (S.I. No. 36 of 1999)

Employment Regulation Order (Tailoring Joint Labour Committee) 1999 (S.I. No. 35 of 1999)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1999 (S.I. No. 2 of 1999)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) (No. 2) 1998 (S.I. No. 509 of 1998)

Employment Regulation Order (Shirtmaking Joint Labour Committee) (No. 2) 1998 (S.I. No. 508 of 1998)

Security Industry Joint Labour Committee Establishment Order 1998 (S.I. No. 377 of 1998)

Employment Regulation Order (Hotels Joint Labour Committee) 1998 (S.I. No. 330 of 1998)

Employment Regulation Order (Catering Joint Labour Committee) 1998 (S.I. No. 329 of 1998)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) (No. 2) 1998 (S.I. No. 313 of 1998)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1998 (S.I. No. 308 of 1998)

Employment Regulation Order (Tailoring Joint Labour Committee) (No. 2) 1998 (S.I. No. 277 of 1998)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) (No. 2) 1998 (S.I. No. 276 of 1998)

Industrial Relations Act, 1990 (Definition of “Worker”) Order 1998 (S.I. No. 264 of 1998)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1998 (S.I. No. 221 of 1998)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1998 (S.I. No. 197 of 1998)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1998 (S.I. No 181 of 1998)

Employment Regulation Order (Contract Cleaning (City and County of Dublin Joint Labour Commitee) 1998 (S.I. No. 176 of 1998)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1998 (S.I. No. 18 of 1998)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 1998 (S.I. No. 11 of 1998)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 1998 (S.I. No. 10 of 1998)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1998 (S.I. No. 9 of 1998)

Employment Regulation Order (Tailoring Joint Labour Committee) 1998 (S.I. No. 8 of 1998)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1997 (S.I. No. 495 of 1997)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1997 (S.I. No. 354 of 1997)

Employment Regulation Order (Hotels Joint Labour Committee) 1997 (S.I. No. 342 of 1997)

Employment Regulation Order (Catering Joint Labour Committees 1997 (S.I. No. 341 of 1997)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1997 (S.I. No. 274 of 1997)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1997 (S.I. No. 273 of 1997)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1997 (S.I. No. 238 of 1997)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1997 (S.I. No. 216 of 1997)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 1997 (S.I. No. 187 of 1997)

Hotels Joint Labour Committee (For the Areas Known Until 1St January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire) Establishment Order 1997 (S.I. No. 174 of 1997)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 1997 (S.I. No. 115 of 1997)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1997 (S.I. No. 114 of 1997)

Employment Regulation Order Shirtmaking Joint Labour Committee) 1997 (S.I. No. 113 of 1997)

Employment Regulation Order (Tailoring Joint Labour Committee) 1997 (S.I. No. 112 of 1997)

Employment Regulation Order (Hotels Joint Labour Committee) 1996 (S.I. No. 208 of 1996)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 1996 (S.I. No. 194 of 1996)

Employment Regulation Order (Catering Joint Labour Committee) 1996 (S.I. No. 193 of 1996)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1996 (S.I. No. 181 of 1996)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1996 (S.I. No. 168 of 1996)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1996 (S.I. No. 141 of 1996)

Industrial Relations Act, 1990, Code of Practice on Disciplinary Procedures (Declaration) Order 1996 (S.I. No. 117 of 1996)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1996 (S.I. No. 72 of 1996)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1996 (S.I. No. 20 of 1996)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 1995 (S.I. No. 333 of 1995)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 1995 (S.I. No. 332 of 1995)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1995 (S.I. No. 331 of 1995)

Employment Regulation Order (Tailoring Joint Labour Committee) 1995 (S.I. No. 330 of 1995)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1995 (S.I. No. 295 of 1995)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1995 (S.I. No. 264 of 1995)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1995 (S.I. No. 263 of 1995)

Employment Regulation Order (Catering Joint Labour Committee) 1995 (S.I. No. 210 of 1995)

Employment Regulation Order (Hotels Joint Labour Committee) 1995 (S.I. No. 193 of 1995)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1995(S.I. No. 189 of 1995)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 1995 (S.I. No. 180 of 1995)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1995 (S.I. No. 123 of 1995)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1995 (S.I. No. 48 of 1995)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1995 (S.I. No. 24 of 1995)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) (No. 2) 1994 (S.I. No. 435 of 1994)

Employment Regulation Order (Tailoring Joint Labour Committee), (No. 2) 1994 (S.I. No. 434 of 1994)

Employment Regulation Order (Shirtmaking Joint Labour Committee) (No. 2) 1994 (S.I. No. 433 of 1994)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) (No. 2) 1994 (S.I. No. 432 of 1994)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1994 (S.I. No. 325 of 1994)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1994 (S.I. No. 250 of 1994)

Employment Regulation Order (Hotels Joint Labour Committee) 1994 (S.I. No. 248 of 1994)

Employment Regulation Order (Catering Joint Labour Committee) 1994 (S.I. No. 247 of 1994)

Employment Regulation Order (Brush and Broom Joint Labour Committee) 1994 (S.I. No. 207 of 1994)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 1994 (S.I. No. 169 of 1994)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1994 (S.I. No. 164 of 1994)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1994 (S.I. No. 163 of 1994)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1994 (S.I. No. 127 of 1994)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 1994 (S.I. No. 126 of 1994)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 1994 (S.I. No. 125 of 1994)

Employment Regulation Order (Tailoring Joint Labour Committee) 1994 (S.I. No. 124 of 1994)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1994 (S.I. No. 51 of 1994)

Employment Regulation Order (Hairdressing (Cork County Borough) Joint Labour Committee) 1994 (S.I. No. 40 of 1994)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1993 (S.I. No. 333 of 1993)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1993 (S.I. No. 239 of 1993)

Employment Regulation Order (Hotels Joint Labour Committee) 1993 (S.I. No. 221 of 1993)

Employment Regulation Order (Catering Joint Labour Committee) 1993 (S.I. No. 220 of 1993)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1993 (S.I. No. 171 of 1993)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1993 (S.I. No. 170 of 1993)

Industrial Relations Act, 1990, Code of Practice on Employee Representatives (Declaration) Order 1993 (S.I. No. 169 of 1993)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1993 (S.I. No. 148 of 1993)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 1993 (S.I. No. 140 of 1993)

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

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1992 (S.I. No. 377 of 1992)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 1992 (S.I. No. 376 of 1992)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 1992 (S.I. No. 375 of 1992)

Employment Regulation Order (Tailoring Joint Labour Committee) 1992 (S.I. No. 374 of 1992)

Catering Joint Labour Committee (County Borough of Dublin and The Borough of Dun Laoghaire) Establishment Order 1992 (S.I. No. 351 of 1992)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1992 (S.I. No. 305 of 1992)

Catering Joint Labour Committee Establishment (Amendment) Order 1992 (S.I. No. 236 of 1992)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1992 (S.I. No. 185 of 1992)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1992 (S.I. No. 171 of 1992)

Labour Court (Fourth Division) Order, 1979 (Revocation) Order 1992 (S.I. No. 161 of 1992)

Employment Regulation Order (Catering Joint Labour Committee) 1992 (S.I. No. 151 of 1992)

Employment Regulation Order (Hotels Joint Labour Committee) 1992 (S.I. No. 150 of 1992)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1992 (S.I. No. 140 of 1992)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1992 (S.I. No. 139 of 1992)

Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 1992 (S.I. No. 138 of 1992)

Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee) 1992 (S.I. No. 94 of 1992)

Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order 1992 (S.I. No. 1 of 1992)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee), No. 2 1991 (S.I. No. 324 of 1991)

Employment Regulation Order (Tailoring Joint Labour Committee), No. 2 1991 (S.I. No. 323 of 1991)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee), No. 2 1991 (S.I. No. 322 of 1991)

Employment Regulation Order (Shirtmaking Joint Labour Committee), No. 2 1991 (S.I. No. 321 of 1991)

Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1991 (S.I. No. 256 of 1991)

Employment Regulation Order (Brush and Broom Joint Labour Committee) 1991 (S.I. No. 225 of 1991)

Employment Regulation Order (Catering Joint Labour Committee) 1991(S.I. No. 155 of 1991)

Employment Regulation Order (Hotels Joint Labour Committee) 1991 (S.I. No. 154 of 1991)

Employment Regulation Order (Hairdressing Joint Labour Committee) 1991 (S.I. No. 132 of 1991)

Employment Regulation Order (Law Clerks Joint Labour Committee) 1991 (S.I. No. 131 of 1991)

Employment Regulation Order (Aerated Waters and Wholesale Bottling Joint Labour Committee) 1991 (S.I. No. 92 of 1991)

Employment Regulation Order (Provender Milling Joint Labour Committee) 1991 (S.I. No. 91 of 1991)

Employment Regulation Order (Shirtmaking Joint Labour Committee) 1991 (S.I. No. 81 of 1991)

Employment Regulation Order (Tailoring Joint Labour Committee) 1991 (S.I. No. 80 of 1991)

Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1991 (S.I. No. 79 of 1991)

Employment Regulation Order (Women’s Clothing and Millinery Joint Labour Committee) 1991 (S.I. No. 78 of 1991)

Retail Grocery and Allied Trades Joint Labour Committee Establishment Order 1991 (S.I. No. 58 of 1991)

Labour Relations Commission (Establishment) Order 1991(S.I. No. 7 of 1991)

Employment Regulations Order (Agricultural Workers Joint Labour Committee) No. 2 1990 (S.I. No. 333 of 1990)

All statutory instruments up to and including Industrial Relations Act 1990 (Code of Practice on Longer Working) (Declaration) Order 2017 (S.I. No. 600 of 2017), made 20 December 2017, were considered in the preparation of this revision.

Court decision which affects or previously affected this revision

John Grace Fried Chicken Ltd and Others -v- Catering Joint Labour Committee and Others [2011] IEHC 277


Number 19 of 1990


INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 20 December 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Collective citations and construction.

3.

Interpretation.

4.

Increase of fines.

5.

Summary proceedings for an offence.

6.

Expenses.

7.

Repeals.

PART II

Trade Union Law

Trade Disputes

8.

Definitions for Part II.

9.

Application of provisions of Part II.

10.

Acts in contemplation or furtherance of trade dispute.

11.

Peaceful picketing.

12.

Removal of liability for certain acts.

13.

Restriction of actions of tort against trade unions.

14.

Secret ballots.

15.

Power to alter rules of trade unions.

16.

Enforcement of rule for secret ballot.

17.

Actions contrary to outcome of secret ballot.

18.

Non-application of sections 14 to 17 to employers’ unions.

19.

Restriction of right to injunction.

Amendment of Trade Union Acts, 1941, 1971 and 1975

20.

Change of deposit consequent on change in number of members.

21.

Amendment of section 2 of Trade Union Act, 1971.

22.

Amalgamations and transfers.

PART III

Industrial Relations Generally

23.

“Worker”.

The Labour Court and the Labour Relations Commission

24.

Establishment of the Commission.

25.

Functions of the Commission.

26.

Investigation of dispute by Court.

26A.

Time limit in relation to trade dispute where retired worker is party to dispute.

27.

Procedure of the Commission.

28.

The chief executive.

29.

Superannuation and gratuities for and in respect of the chief executive of the Commission.

30.

Grants to the Commission and power to borrow.

31.

Accounts and audits.

32.

Staff of the Commission.

33.

Industrial relations officers and advisory service.

34.

Rights commissioners.

35.

The Rights Commissioner Service.

36.

Objections and appeals.

37.

Equality officers.

38.

Reference of dispute by Minister.

39.

Review of joint labour committees.

40.

Superannuation and gratuities for and in respect of chairman, deputy chairmen and ordinary members of the Court.

41.

Divisions of Court.

Codes of Practice

42.

Codes of practice.

43.

Functions of Labour Court relating to codes of practice.

Joint Labour Committees

44.

Constitution and proceedings of joint labour committees.

45.

Making of establishment orders.

46.

Exclusion from scope of joint labour committee.

47.

Report for assistance of joint labour committee.

48.

Proposals for employment regulation order.

49.

Enforcement of employment regulation order by inspector by civil proceedings.

50.

Amendment of section 52 (2) ( d) of Industrial Relations Act, 1946.

Registered Employment Agreements

51.

Records.

52.

Powers of inspection for enforcement of registered employment agreement.

53.

Proof of registered employment agreement and related matters.

54.

Enforcement of registered employment agreement by inspector by civil proceedings.

55.

Amendment of section 12 (2) ( d) of Industrial Relations Act, 1969.

Failure to Attend Sitting of Court

56.

Evidence of failure to attend sitting of Court.

FIRST SCHEDULE

Increase of Fines

SECOND SCHEDULE

Repeals

THIRD SCHEDULE

Deposits

FOURTH SCHEDULE

Labour Relations Commission

FIFTH SCHEDULE

Constitution and Proceedings of Joint Labour Committees



Number 19 of 1990


INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 20 December 2017


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND EMPLOYERS, AND TO AMEND THE LAW RELATING TO TRADE UNIONS AND FOR THESE AND OTHER PURPOSES TO AMEND THE INDUSTRIAL RELATIONS ACTS, 1946 TO 1976, AND THE TRADE UNION ACTS, 1871 TO 1982. [18 th July, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Industrial Relations Acts restricted (31.05.2001) by Industrial Relations (Amendment) Act 2001 (11/2001), s. 2(1), S.I. No. 232 of 2001, as amended (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.

...

C2

Application of collectively cited Industrial Relations Acts 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.

C3

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.

...

C4

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. ]

...

Editorial Notes:

E1

Code of practice adopted (29.04.2008) by Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008 (S.I. No. 132 of 2008), art. 2 and sch.

E2

Code of practice adopted (18.05.2007) by Industrial Relations Act 1990 (Code of Practice for Protecting Persons Employed in Other Peoples Homes) (Declaration) Order 2007 (S.I. No. 239 of 2007), art. 2 and sch.

E3

Code of practice adopted (12.01.2006) by Industrial Relations Act 1990 (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006), art. 2 and sch.

E4

Code of practice adopted (6.04.2004) by Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004), art. 2 and sch.

E5

Code of practice adopted (13.01.2004) by Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004), art. 2 and sch.

E6

Code of practice adopted (25.01.2002) by Industrial Relations Act 1990 (Code of Practice Detailing Procedures For Addressing Bullying in The Workplace) (Declaration) Order 2002 (S.I. No. 17 of 2002), art. 2 and sch.

E7

Code of practice adopted (26.05.2000) by Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 (S.I. No. 146 of 2000), art. 2 and sch.

E8

Code of practice adopted (26.05.2000) by Industrial Relations Act, 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (S.I. No. 145 of 2000), art. 2 and sch.

E9

Code of practice adopted (6.05.1996) by Industrial Relations Act, 1990, Code of Practice on Disciplinary Procedures (Declaration) Order 1996 (S.I. No. 117 of 1996), art. 2 and sch.

E10

Code of practice adopted (25.06.1993) by Industrial Relations Act, 1990, Code of Practice on Employee Representatives (Declaration) Order 1993 (S.I. No. 169 of 1993), art. 2 and sch.

E11

Code of practice adopted (6.01.1992) by Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order 1992 (S.I. No. 1 of 1992), art. 2 and sch.