Equal Status Act 2000

Failure to supply documents, information, etc.

35

35. (1) If it appears to the F78 [ Director of the Workplace Relations Commission ] or an F78 [ adjudication officer ] that a person has failed to comply with

( a ) a requirement under section 33 (2)(b) , or

( b ) a requirement under section 34 (1) ,

then, according as the case may require, the F78 [ Director of the Workplace Relations Commission ] or the F78 [ 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.

Annotations:

Amendments:

F78

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