Equal Status Act 2000

References of certain matters to F51 [ Director of the Workplace Relations Commission ] .

23

23. (1) Where it appears to the Authority that

( a ) prohibited conduct

(i) is being generally directed against persons, or

(ii) has been directed against a person who has not made a claim under section 21 (1) in respect of the prohibited conduct and it is not reasonable to expect that the person will do so,

or

( b ) a person has contravened or is contravening section 12 (1) or 19 or regulations made under section 17 or 18 ,

the matter may be referred by the Authority to the F51 [ Director of the Workplace Relations Commission ] .

(2) Where a matter is referred to the F51 [ Director of the Workplace Relations Commission ] under subsection (1) it shall be dealt with in the same manner and to the same extent as if

( a ) it were a claim referred to the F51 [ Director of the Workplace Relations Commission ] under section 21 (1) ,

( b ) the Authority were the complainant and the person alleged to have engaged in the prohibited conduct or to have committed the contravention referred to in subsection (1)(b) , as the case may be, were the respondent, and

( c ) where the matter involved a contravention referred to in subsection (1)(b) , the contravention were prohibited conduct.

(3) Where, on application to the High Court or the Circuit Court, the Authority satisfies the Court that the F51 [ Director of the Workplace Relations Commission ] , pursuant to section 25 (4) , has decided that a person has

( a ) engaged in prohibited conduct, or

( b ) contravened section 12 (1) or 19 or regulations made under section 17 or 18 ,

and that there is a likelihood of a further occurrence of the prohibited conduct or a further contravention by the person, the Court may grant an injunction or such other relief as the Court deems necessary to prevent the further occurrence or contravention.

F52 [ (4) The relationship between a solicitor employed by the Authority or any barrister retained by him or her and a person referred to in subsection (1)(a) shall be the same as the relationship between a solicitor or barrister and a client who is not such a person.

(5) Subsection (4) is without prejudice to the rights and responsibilities of the Authority and the obligations arising out of the relationship between the Authority and the solicitors employed by it.

(6) For the avoidance of doubt, it is declared that sections 59 (prohibition of solicitor acting as agent for unqualified person) and 64 (bodies corporate) of the Solicitors Act 1954 do not apply in regard to the relationship between a solicitor employed by the Authority and a person referred to in the said subsection (1)(a) . ]

Annotations:

Amendments:

F51

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(b), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F52

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 57, commenced on enactment.