Employment Equality Act 1998

Enforcement of determinations, decisions and mediated settlements.

91

F163 [ 91. (1) Section 43 of the Act of 2015 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to

(a) the modification that the following paragraph is substituted for paragraph (a) of subsection (1):

(a) on application to it in that behalf by the complainant concerned, the Irish Human Rights and Equality Commission, or ,

and

(b) the following modifications:

(i) references to a complaint or dispute referred to an adjudication officer under section 41 shall be construed as references to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act;

(ii) references to a complaint or dispute shall be construed as references to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act;

(iii) references to decision of an adjudication officer shall be construed as references to decision of the Director General of the Workplace Relations Commission under section 79 of this Act;

(iv) the reference to decision of an adjudication officer under that section shall be construed as a reference to decision of the Director General of the Workplace Relations Commission under section 79 of this Act; and

(v) references to employee shall be construed as references to complainant within the meaning of Part VII of this Act and references to employer shall be construed as references to respondent within such meaning.

(2) Section 45 of the Act of 2015 shall apply to a decision of the Labour Court under section 44 of that Act upon an appeal from a decision of the Director General of the Workplace Relations Commission under section 79 subject to the modification that the following paragraph is substituted for paragraph (b) of subsection (1) :

(b) on application to it in that behalf, with the consent of the complainant, by the Irish Human Rights and Equality Commission, . ]

Annotations:

Amendments:

F163

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

Modifications (not altering text):

C40

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:

E61

Previous affecting provision: section amended (18.07.2004) by Equality Act 2004 (24/2004), ss. 39(a)-(d), 46 and sch. para. 25, commenced on enactment; section substituted as per F-note above.