Industrial Relations (Miscellaneous Provisions) Act 2004


Number 4 of 2004


INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 October 2015


This Revised Act is an administrative consolidation of Industrial Relations (Miscellaneous Provisions) Act 2004. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Houses of the Oireachtas (Appointment to Certain Offices) Act 2015 (34/2015), enacted 15 October 2015, and all statutory instruments up to and including Workplace Relations Act 2015 (Fixed Payment Notice) Regulations (S.I. No. 419 of 2015), made 1 October 2015, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 4 of 2004


INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 October 2015


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Industrial Relations Acts 1946 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Industrial Relations (Amendment) Act 2015 (27/2015), s. 1(2)). The Acts in this group are:

Industrial Relations Act 1946 (26/1946)

Industrial Relations Act 1969 (14/1969)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1990 (19/1990), other than Part II

Industrial Relations (Amendment) Act 2001 (11/2001)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004)

Industrial Relations (Amendment) Act 2012 (32/2012), other than ss. 16, 17 and 18

Industrial Relations (Amendment) Act 2015 (27/2015), other than ss. 24 and 36

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Industrial Relations (Amendment) Act 2015 (27/2015)

National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

All Acts up to and including Houses of the Oireachtas (Appointment to Certain Offices) Act 2015 (34/2015), enacted 15 October 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Industrial Relations (Miscellaneous Provisions) Act 2004 (Commencement) Order 2004 (S.I. No. 138 of 2004)

All statutory instruments up to and including Workplace Relations Act 2015 (Fixed Payment Notice) Regulations (S.I. No. 419 of 2015), made 1 October 2015, were considered in the preparation of this revision.


Number 4 of 2004


INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 October 2015


ARRANGEMENT OF SECTIONS


Acts Referred to

Bankruptcy Act 1988

1988, No. 27

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies (Amendment) Act 1982

1982, No. 10

Industrial Relations Act 1990

1990, No. 19

Industrial Relations Acts 1946 to 2001

Industrial Relations (Amendment) Act 2001

2001, No. 11

Protection of Employees (Employers' Insolvency) Act 1984

1984, No. 21

Protection of Employees (Employers' Insolvency) Acts 1984 to 2001

Redundancy Payments Act 2003

2003, No. 14

Trade Union Act 1941

1941, No. 22

Trade Union Act 1942

1942, No. 23

Unfair Dismissals Acts 1977 to 2001


Number 4 of 2004


INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 October 2015


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND EMPLOYERS, TO AMEND AND EXTEND THE INDUSTRIAL RELATIONS ACTS 1946 TO 2001, TO AMEND THE PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACT 1984, AND TO PROVIDE FOR RELATED MATTERS.

[9 th March 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Industrial Relations Acts 1946 to 2012 restricted by Unfair Dismissals Act 1977 (10/1977), s. 8(10), as substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1)(f), commenced by S.I. No. 410 of 2015 as per subs. (4).

Determination of claims for unfair dismissal.

8.— ...

[(10) (a) A dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2012 if, in relation to the dismissal—

(i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced,

(ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act,

(iii) a decision has been made by the Labour Court in accordance with subsection (2) of section 8A affirming a decision (consisting of a dismissal of the claim concerned) of an adjudication officer under this Act, or

(iv) a decision has been made by the Labour Court in accordance with the said subsection (2) —

(I) setting aside a decision to which subparagraph (ii) applies, and

(II) not awarding any redress under section 7. ]

...