Equal Status Act 2000

Investigation by F59 [ Director of the Workplace Relations Commission ] .

25

25. F60 [ (1) Where a case which has been referred to the F59 [ Director of the Workplace Relations Commission ] under section 21

( a ) does not fall to be dealt with by way of mediation under section 24 , or

( b ) falls to be dealt with under this section by virtue of section 24(6) ,

the F59 [ Director of the Workplace Relations Commission ] shall investigate the case and may, as part of that investigation and if the F59 [ Director of the Workplace Relations Commission ] considers it appropriate, hear persons appearing to the F59 [ Director of the Workplace Relations Commission ] to be interested. ]

F61 [ (1A) ( a ) Claims to have been discriminated against on more than one of the discriminatory grounds (other than the victimisation ground) shall be investigated as a single case, and

( b ) claims to have been discriminated against on discriminatory grounds which include the victimisation ground may, in an appropriate case, be so investigated,

but a decision shall be made on each of the claims. ]

(2) An investigation under this section shall be held in private.

F62 [ (2A) ( a ) Where the F59 [ Director of the Workplace Relations Commission ] considers that the case may be dealt with on the basis of written submissions only, the F59 [ Director of the Workplace Relations Commission ] shall notify the parties in writing of his or her proposal to do so.

( b ) A notification under paragraph (a) shall inform the parties of the right to make representations to the F59 [ Director of the Workplace Relations Commission ] in accordance with paragraph ( c ).

( c ) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the F59 [ Director of the Workplace Relations Commission ] as to why the case should not be dealt with on the basis of written submissions only.

( d ) Where, in representations made pursuant to paragraph (c) , objection is made to the F59 [ Director of the Workplace Relations Commission ] dealing with the matter on the basis of written submissions only, the F59 [ Director of the Workplace Relations Commission ] shall not determine the matter in that manner. ]

(3) The Minister may by regulations specify

( a ) procedures to be followed by the F59 [ Director of the Workplace Relations Commission ] in carrying out investigations (or any description of investigation) under this section, and

( b ) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances,

but before making any such regulations the Minister shall consult the F59 [ Director of the Workplace Relations Commission ] and the Authority.

(4) At the conclusion of an investigation under this section the F59 [ Director of the Workplace Relations Commission ] shall make a decision on the case, and the decision, if it is in favour of the complainant, shall provide for redress in accordance with section 27 .

Annotations:

Amendments:

F59

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).

F60

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 28(a), commenced on enactment.

F61

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 59, commenced on enactment.

F62

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 28(b), commenced on enactment.