Employment Equality Act 1998

Sanctions for failure or refusal to supply documents, information, etc.

96

96. (1) If it appears to the F169 [ Director General of the Workplace Relations Commission ], the Chairman of the Labour Court or an F169 [ adjudication officer ] that any person has failed to comply with—

( a) a requirement under section 94(2) (b) , or

( b) a requirement under section 95(1) ,

then, according as the case may require, the F169 [ Director General of the Workplace Relations Commission ], the Chairman or the F169 [ adjudication officer ] may apply to the Circuit Court for an order under this section.

(2) Subject to subsection (3) if, on an application under this section, the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

(3) If, on an application under this section, the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

( a) to produce any record, book, document or other thing, or

( b) to furnish any information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.

(4) 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 respondent ordinarily resides or carries on any profession, business or occupation.

Annotations:

Amendments:

F169

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

Modifications (not altering text):

C45

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.