Employment Equality Act 1998

Striking out cases which are not pursued.

102

102. (1) Where—

F187 [ ( a ) a case is referred to the F188 [ Director General of the Workplace Relations Commission ] under section 77 ,

( b ) a matter is referred to the F188 [ Director General of the Workplace Relations Commission ] under s ection 85 ,

( c ) a collective agreement is referred to the F188 [ Director General of the Workplace Relations Commission ] under section 86 , or

( d ) a case is referred to the F188 [ Director General of the Workplace Relations Commission ] under the Anti-Discrimination (Pay) Act 1974 or the Employment Equality Act 1977 , ]

and, at any time after the expiry of 1 year from the date of the reference, it appears to the F188 [ Director General of the Workplace Relations Commission ] that the complainant has not pursued, or has ceased to pursue, the reference, the F188 [ Director General of the Workplace Relations Commission ] may strike out the reference.

(2) Where—

F187 [ ( a ) an appeal is brought to the Labour Court under this Part, or

( b ) a case is referred to the Labour Court under the said Act of 1974 or 1977, ]

and, at any time after the expiry of 1 year from the date of the reference or, as the case may be, the bringing of the appeal, it appears to the Labour Court that the complainant or, as the case may be, the appellant has not pursued, or has ceased to pursue, the matter, the Labour Court may strike out the reference or, as the case may be, the appeal.

(3) As soon as practicable after striking out a reference, the Director or, as the case may be, the Labour Court shall give notice in writing to the complainant and the respondent or respondents.

(4) As soon as practicable after striking out an appeal, the Labour Court shall give notice in writing to the appellant and the other party to the appeal.

(5) Where a reference or appeal is struck out under this section, no further proceedings may be taken in relation to that reference or appeal; but nothing in this section prevents any person from making a further reference in relation to the same matters (subject to any applicable time limit).

(6) In this section “ the complainant”, “ the respondent” and “ the respondents” have the same meanings as in section 77, 85 or 86 according to the nature of the reference concerned.

Annotations:

Amendments:

F187

Substituted and inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 44(a) and (b), commenced on enactment.

F188

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).

Modifications (not altering text):

C54

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.