Employment Equality Act 1998

Special provision as to Defence Forces.

104

104. (1) Save as provided for by section 77(10) , nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the F192 [ Director General of the Workplace Relations Commission ] F193 [ ] or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part.

(2) If requested to do so by an officer, within the meaning of the Defence Act, 1954, who is authorised in that behalf, the F192 [ Director General of the Workplace Relations Commission ] shall—

( a) investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the F192 [ Director General of the Workplace Relations Commission ] F193 [ ] under this Part or of proceedings before the Circuit Court under section 77(3) , and

( b) make a recommendation in respect of that matter to the officer concerned.

(3) A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the F192 [ Director General of the Workplace Relations Commission ] made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation.

(4) The F192 [ Director General of the Workplace Relations Commission ] shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation.

Annotations:

Amendments:

F192

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

F193

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 34 and 35, commenced on enactment.

Modifications (not altering text):

C56

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.