Employment Equality Act 1998

Alternative avenues of redress.

101

101. (1) If an individual has instituted proceedings for damages at common law in respect of a failure, by an employer or any other person, to comply with an equal remuneration term or an equality clause, then, if the hearing of the case has begun, the individual may not seek redress (or exercise any other power) under this Part in respect of the failure to comply with the equal remuneration term or the equality clause, as the case may be.

F178 [ (2) Where an individual has referred a case to the F179 [ Director General of the Workplace Relations Commission ] under section 77(1) and either a settlement has been reached by mediation or the F179 [ Director General of the Workplace Relations Commission ] has begun an investigation under section 79 , the individual

( a ) shall not be entitled to recover damages at common law in respect of the case, and

( b ) if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal F180 [ , unless the F179 [ Director General of the Workplace Relations Commission ] , having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and respondent ] . ]

(3) If an individual has referred a case to the Circuit Court under section 77(3) in respect of such a failure as is mentioned in subsection (1), the individual shall not be entitled to recover damages at common law in respect of that failure.

(4) F178 [ An employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if ]

( a) the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun, F181 [ or ]

F182 [ (b) an adjudication officer has made a decision to which subsection (1) of section 8 of the Unfair Dismissals Act 1977 applies in respect of the dismissal. ]

( c) the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.

F183 [ (4A) (a) Where an employee refers

(i) a case or claim under section 77 , and

(ii) a claim for redress under the Act of 1977,

to the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the case or claim referred to in subparagraph (i) shall, in so far only as it relates to such dismissal, be deemed to have been withdrawn unless, before the relevant date, the employee withdraws the claim under the Act of 1977.

(b) In this subsection

Act of 1977 means the Unfair Dismissals Act 1977 ;

dismissal has the same meaning as it has in the Act of 1977;

relevant date means such date as may be prescribed by, or determined in accordance with, regulations made by the Minister for Jobs, Enterprise and Innovation. ]

F184 [ (5) Where the F179 [ Director General of the Workplace Relations Commission ] issues a direction under subsection (2)(b ), the resulting entitlement of the employee under that subsection is deemed to have effect from the date of the direction. ]

(6) F185 [ ]

Annotations:

Amendments:

F178

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 30 and 31, commenced on enactment.

F179

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F180

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 42(a), commenced on enactment.

F181

Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 17(1)(b)(i), commenced as per subs. (2) by S.I. No. 410 of 2015.

F182

Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 17(1)(b)(ii), commenced as per subs. (2) by S.I. No. 410 of 2015.

F183

Inserted (8.02.2016) by Credit Guarantee (Amendment) Act 2016 (1/2016), s. 17, commenced on enactment.

F184

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 42(b), commenced on enactment.

F185

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 32, commenced on enactment.

Modifications (not altering text):

C51

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

C52

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.

Editorial Notes:

E65

Power pursuant to subs. (4A) exercised and “relevant date” for the purposes of subs. (4A) prescribed (7.03.2016) by Employment Equality Act 1998 (Withdrawal of Certain Claims) (Relevant Date) Regulations 2016 (S.I. No. 126 of 2016), reg. 2.

E66

Previous affecting provision: subs. (4)(a) amended, (b) substituted and (4A) inserted by Workplace Relations Act 2015 (16/2015), s. 83(1)(m), not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 17(1)(b), commenced as per subs. (2) by S.I. No. 410 of 2015.