Employment Equality Act 1998

Interpretation (Part VII).

74

74.—(1) In this Part, unless the context otherwise requires:

F107["Act of 2015" means the Workplace Relations Act 2015;

"adjudication officer" has the same meaning as it has in the Act of 2015;]

“the complainant” has the meaning given by section 77(4);

F108[F109[mediation officer]" and "F109[adjudication officer]" mean officers appointed as such under subsection (4) or (4A) of section 75;]

“the Equal Pay Directive” means Council Directive No. 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women;

“the Equal Treatment Directive” means Council Directive No. 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions;

F107["mediation officer" has the same meaning as it has in the Act of 2015;]

“the respondent” has the meaning given by section 77(4);

“victimisation” shall be construed in accordance with subsection (2).

F108[(2) For the purposes of this Part victimisation occurs where dismissal or other adverse treatment of an employee by his or her employer occurs as a reaction to—

(a) a complaint of discrimination made by the employee to the employer,

(b) any proceedings by a complainant,

(c) an employee having represented or otherwise supported a complainant,

(d) the work of an employee having been compared with that of another employee for any of the purposes of this Act or any enactment repealed by this Act,

(e) an employee having been a witness in any proceedings under this Act or the Equal Status Act 2000 or any such repealed enactment,

(f) an employee having opposed by lawful means an act which is unlawful under this Act or the said Act of 2000 or which was unlawful under any such repealed enactment, or

(g) an employee having given notice of an intention to take any of the actions mentioned in the preceding paragraphs.

(3) For the purposes of sections 77, 78, 83, 87 and 90 the date on which a case is referred, or an appeal made, under those provisions is the date on which the reference or appeal is received by the F109[Director General of the Workplace Relations Commission], Labour Court or Circuit Court, as the case may be.]

Annotations

Amendments:

F107

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(b), S.I. No. 410 of 2015.

F108

Substituted and inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 29(a) and (b), commenced on enactment.

F109

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

Modifications (not altering text):

C23

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.