Workplace Relations Act 2015


Number 16 of 2015


WORKPLACE RELATIONS ACT 2015

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of Workplace Relations Act 2015. 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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, 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 16 of 2015


WORKPLACE RELATIONS ACT 2015

REVISED

Updated to 1 September 2017


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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1994, 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

Paternity Leave and Benefit Act 2016 (11/2016)

Credit Guarantee (Amendment) Act 2016 (1/2016)

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

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

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2017 (S.I. No. 32 of 2017)

Workplace Relations Commission Director General Superannuation Scheme 2016 (S.I. No. 595 of 2016)

European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016)

Workplace Relations Act 2015 (Section 37) (Commencement) Order 2016 (S.I. No. 206 of 2016)

Workplace Relations Act 2015 (Fees) Regulations 2015 (S.I. No. 536 of 2015)

Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015)

Labour Relations Commission (Dissolution Day) Order 2015 (S.I. No. 413 of 2015)

Workplace Relations Act 2015 (Establishment Day) Order 2015 (S.I. No. 412 of 2015)

Workplace Relations Act 2015 (Commencement) (No. 2) Order 2015 (S.I. No. 410 of 2015)

Workplace Relations Act 2015 (Commencement) Order 2015 (S.I. No. 338 of 2015)

All statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this revision.


Number 16 of 2015


WORKPLACE RELATIONS ACT 2015

REVISED

Updated to 1 September 2017


PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Construction of references to employer and employee

4. Regulations

5. Expenses

6. Service of documents

7. Offences

8. Repeals and Revocations

PART 2

Workplace Relations Commission

9. Establishment day

10. Establishment of Commission

11. Functions of Commission

12. Director General of Workplace Relations Commission

13. Resignation, removal or disqualification of Director General

14. Functions of Director General

15. Consultation by Director General with Board

16. Delegation of functions of Director General

17. Accountability of Director General to committees of Houses of Oireachtas

18. Membership of either House of Oireachtas or European Parliament

19. Acting Director General

20. Codes of practice

21. Strategy statement

22. Work programme

23. Reports to Minister

24. Staff of Commission

25. Registrar of Commission

PART 3

Enforcement

26. Inspectors

27. Powers of inspectors

28. Compliance notice

29. Report of inspector admissible in evidence

30. Inspection of employer’s records pursuant to direction of Labour Court

31. Disclosure of certain information

32. Disclosure of information relating to offences

33. Disclosure of certain information to or by contracting authority

34. Administrative cooperation by Commission and official bodies

35. Administrative cooperation with foreign statutory bodies on law enforcement matters

36. Fixed payment notices

37. Prosecution of offence under relevant enactments

PART 4

Complaints and Disputes

38. Mediation officers

39. Case resolution without reference to adjudication officer

40. Adjudication officers

41. Presentation of complaints and referral of disputes

42. Dismissal of claim by adjudication officer

43. Enforcement of decision of adjudication officer

44. Appeal to Labour Court from decision of adjudication officer

45. Enforcement of decision of Labour Court

46. Appeal to High Court on point of law

47. Disposal of complaints by written submissions only

48. Striking out of cases that are not pursued

49. Provisions relating to winding up and bankruptcy

50. Amendment of section 20 of Act of 1946

51. Offence to fail or refuse to pay compensation

52. Amendment of enactments

53. Certain decisions and recommendations of rights commissioners appealable to Labour Court under section 44

53A. Performance of functions of rights commissioners after commencement of this Part

PART 5

Dissolution of Labour Relations Commission

54. Definition

55. Dissolution day for purposes of this Part

56. Dissolution of Labour Relations Commission

57. Transfer of functions from Labour Relations Commission to Commission

58. Transfer of property of Labour Relations Commission to Commission

59. Transfer of rights and liabilities of Labour Relations Commission to Commission

60. Liability for loss occurring before dissolution day

61. Provisions consequent upon transfer of functions, property, rights and liabilities to Commission

62. Final accounts and final annual report of Labour Relations Commission

PART 6

Dissolution of Employment Appeals Tribunal

63. Definition

64. Dissolution day for purposes of this Part

65. Dissolution of Employment Appeals Tribunal

66. Transfer of functions from Employment Appeals Tribunal

67. Transfer of property of Employment Appeals Tribunal to Labour Court

68. Transfer of rights and liabilities of Employment Appeals Tribunal to Labour Court

69. Liability for loss occurring before dissolution day

70. Provisions consequent upon transfer of functions, property, rights and liabilities

PART 7

Miscellaneous

71. Fees

72. Forgery of documents

73. Prohibition on unauthorised disclosure of confidential information

74. Amendment of section 21 of Act of 1946

75. Amendment of section 10 of Act of 1946

76. Amendment of Act of 1967

77. Amendment of section 2 of Act of 1969

78. Certain functions of Labour Court performable by chairman or deputy chairman of Labour Court

79. Amendment of section 4 of Act of 1969

80. Amendment of Act of 1977

81. Amendment of Protection of Employees (Employers’ Insolvency) Act 1984

82. Amendment of Part VII of Pensions Act 1990

83. Amendment of Act of 1998

84. Amendment of Equal Status Act 2000

85. Amendment of section 5 of Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

86. Other amendments

SCHEDULE 1

Employment Enactments

PART 1

Acts of the Oireachtas

PART 2

Provisions of Acts of Oireachtas

PART 3

Statutory Instruments

SCHEDULE 2

Repeals and Revocations

PART 1

Acts of the Oireachtas

PART 2

Statutory Instruments

SCHEDULE 3

Workplace Relations Commission

SCHEDULE 4

Enactments Specified for Purposes of section 28

SCHEDULE 5

Provisions and Enactments Specified for Purposes of Part 4

PART 1

PART 2

PART 3

SCHEDULE 6

Relevant Redress Provision

PART 1

Decisions of Adjudication Officers

PART 2

Decisions of Labour Court

SCHEDULE 7

PART 1

Amendment of Acts of the Oireachtas

PART 2

Amendment of Statutory Instruments


Acts Referred to

Adoptive Leave Act 1995 (No. 2)

Bankruptcy Act 1988 (No. 27)

Carer’s Leave Act 2001 (No. 19)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26)

Charities Act 2009 (No. 6)

Chemicals Act 2008 (No. 13)

Civil Service Regulation Act 1956 (No. 46)

Civil Service Regulation Acts 1956 to 2005

Companies Act 1963 (No. 33)

Companies Act 1990 (No. 33)

Companies Act 2014 (No. 38)

Companies Acts

Competition Act 2002 (No. 14)

Consumer Protection Act 2007 (No. 19)

Courts Act 1981 (No. 11)

Criminal Justice Act 2011 (No. 22)

Employees (Provision of Information and Consultation) Act 2006 (No. 9)

Employment Equality Act 1998 (No. 21)

Employment Equality Acts 1998 to 2011

Employment Permits Act 2003 (No. 7)

Employment Permits Act 2006 (No. 16)

Equal Status Act 2000 (No. 8)

Equality Act 2004 (No. 24)

European Parliament Elections Act 1997 (No. 2)

Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41)

Financial Emergency Measures in the Public Interest Act 2013 (No. 18)

Further Education and Training Act 2013 (No. 25)

Health Act 2004 (No. 42)

Industrial Relations (Amendment) Act 2001 (No. 11)

Industrial Relations (Amendment) Act 2012 (No. 32)

Industrial Relations (Miscellaneous Provisions) Act 2004 (No. 4)

Industrial Relations Act 1946 (No. 26)

Industrial Relations Act 1969 (No. 14)

Industrial Relations Act 1976 (No. 15)

Industrial Relations Act 1990 (No. 19)

Inland Fisheries Act 2010 (No. 10)

Interpretation Act 2005 (No. 23)

Local Government Act 2001 (No. 37)

Maternity Protection Act 1994 (No. 34)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Act 1973 (No. 4)

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Asset Management Agency Act 2009 (No. 34)

National Minimum Wage Act 2000 (No. 5)

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Act 1998 (No. 30)

Payment of Wages Act 1991 (No. 25)

Pensions Act 1990 (No. 25)

Prevention of Corruption (Amendment) Act 2001 (No. 27)

Property Services (Regulation) Act 2011 (No. 40)

Protected Disclosures Act 2014 (No. 14)

Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21)

Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Protection of Employees (Temporary Agency Work) Act 2012 (No. 13)

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27)

Protection of Employment Act 1977 (No. 7)

Protection of Employment Acts 1977 to 2014

Protection of Young Persons (Employment) Act 1996 (No. 16)

Protections for Persons Reporting Child Abuse Act 1998 (No. 49)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Redundancy Payments Act 1967 (No. 21)

Redundancy Payments Act 1971 (No. 20)

Redundancy Payments Act 1979 (No. 7)

Redundancy Payments Acts 1967 to 2014

Safety, Health and Welfare at Work Act 2005 (No. 10)

Social Welfare (Miscellaneous Provisions) Act 2003 (No. 4)

Social Welfare (Miscellaneous Provisions) Act 2004 (No. 9)

Social Welfare and Pensions Act 2007 (No. 8)

Social Welfare Consolidation Act 2005 (No. 26)

Taxes Consolidation Act 1997 (No. 39)

Terms of Employment (Information) Act 1994 (No. 5)

Terms of Employment (Information) Acts 1994 to 2014

Trade Union Act 1941 (No. 22)

Transnational Information and Consultation of Employees Act 1996 (No. 20)

Unfair Dismissals (Amendment) Act 1993 (No. 22)

Unfair Dismissals Act 1977 (No. 10)

Unfair Dismissals Acts 1977 to 2007


Number 16 of 2015


WORKPLACE RELATIONS ACT 2015

REVISED

Updated to 1 September 2017


An Act to make provision as respects the resolution, mediation and adjudication of disputes and complaints relating to contraventions of, or entitlements under, certain enactments governing the employment relationship between employers and employees; for that purpose, to provide for the establishment of a body to be known as the Workplace Relations Commission; to provide for the dissolution of the Labour Relations Commission and the transfer of its functions to the aforementioned body; to provide for the dissolution of the Employment Appeals Tribunal and the transfer of its first instance functions to the aforementioned body and its appellate functions to the Labour Court; to provide for the transfer of the functions of the Director of the Equality Tribunal to the aforementioned body; to provide for the repeal of certain enactments; to provide for the amendment of certain enactments; and to provide for matters connected therewith.

[20 th May, 2015]

Be it enacted by the Oireachtas as follows: