Employment Equality Act 1998

Enforcement powers of the Authority.

85

85. (1) Where it appears to the Authority—

( a) that discrimination or victimisation is being generally practised against persons or that a practice referred to in section 8(4) is being applied or operated,

( b) that discrimination or victimisation has occurred in relation to a particular person who has not made a reference under section 77 in relation to the discrimination or victimisation and that it is not reasonable to expect that person to make such a reference,

( c) that there is a failure to comply with an equal remuneration term or an equality clause either generally in a business or in relation to a particular person who has not made a reference under section 77 in relation to the failure and whom it is not reasonable to expect to make such a reference,

( d) that a publication or display has been made in contravention of section 10 ,

( e) that, contrary to section 14 , a person has procured or attempted to procure another to do anything which constitutes discrimination or victimisation, or

( f) that a person has procured or attempted to procure another to break an equal remuneration term or an equality clause,

the Authority may refer the matter to the F150 [ Director General of the Workplace Relations Commission ].

(2) Where the Authority refers a matter to the F150 [ Director General of the Workplace Relations Commission ] under subsection (1), the preceding provisions of this Part shall apply as if it were a case referred under section 77 , except that—

( a) any reference to the complainant shall be construed as a reference to the Authority,

( b) any reference to the respondent shall be construed as a reference to the person who, in the opinion of the Authority, practised the discrimination or, as the case may require, was responsible for the failure to comply with the equal remuneration term or equality clause or for the victimisation or the publication or display or for the procurement or attempted procurement, and

( c) any reference to the parties shall be taken to include, in the case of a matter referred by virtue of any of paragraphs (a) to (c) of subsection (1), any person who was discriminated against or victimised or suffered from the failure to comply as mentioned in the paragraph concerned.

(3) In a decision under section 79 , as applied by subsection (2), the following types of redress shall be available:

( a) redress as under section 82 (construing references in that section to the complainant as references to the person referred to in subsection (2)(c));

( b) where the reference was by virtue of subsection (1)(d), a decision that a publication or display was or was not made in contravention of section 10 ; and

( c) where the reference was by virtue of paragraph (e) or (f) of subsection (1), a decision that the person concerned has or has not procured or attempted to procure as mentioned in the paragraph concerned.

(4) Subsection (5) applies in a case where the Authority satisfies the High Court or, as the case may be, the Circuit Court that, following a decision under section 79 , as applied by subsection (2), in a matter referred by virtue of any paragraph of subsection (1), there is a likelihood of—

( a) further discrimination or victimisation,

( b) a further failure to comply with an equal remuneration term or equality clause,

( c) a further publication or display in contravention of section 10 , or

( d) further procuring or attempting to procure as mentioned in paragraph (e) or (f) of subsection (1), by a person in relation to whom the decision was made, and of the type the subject of the decision.

(5) In a case to which this subsection applies, the High Court or the Circuit Court, on the motion of the Authority specifying the person in question, may grant an injunction to prevent that person from continuing any conduct (such as is mentioned in subsection (4)), of a type so specified.

F151 [ (5A) Where the Authority refers, or is considering whether to refer, a matter to the F150 [ Director General of the Workplace Relations Commission ] under subsection (1) in relation to a person referred to in any of paragraphs (a ) to ( c ) of that subsection, subsections (5) to (8) of section 67 shall apply and have effect in relation to that person as those subsections do in relation to a person requesting assistance under that section. ]

(6) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person specified in the Authority’s motion ordinarily resides or carries on any profession, business or occupation.

Annotations:

Amendments:

F150

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(10(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F151

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 37, commenced on enactment.

Modifications (not altering text):

C34

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.