Industrial Relations Act 1969
(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.
(3) (a) Subject to the provisions of this section, a rights commissioner shall investigate any trade dispute referred to him under subsection (2) of this section and shall, unless before doing so the dispute is settled—
(i) make a recommendation to the parties to the dispute setting forth his opinion on the merits of the dispute, and
(ii) notify the Court of the recommendation.
(b) A rights commissioner shall not investigate a trade dispute—
(i) if the Court has made a recommendation in relation to the dispute, or
(ii) if a party to the dispute notifies the commissioner in writing that he objects to the dispute being investigated by a rights commissioner.
(6) A rights commissioner may provide for the regulation of proceedings before him in relation to an investigation under this section and may provide for the cases in which persons may appear before him by counsel or solicitor and, except as so provided, no person shall be entitled to appear by counsel or solicitor before him.
(8) An investigation by a rights commissioner shall be conducted in private.
(9) (a) A party to a dispute in relation to which a rights commissioner has made a recommendation may appeal to the Court against the recommendation and the parties to the dispute shall be bound by the decision of the Court on the appeal.
(b) The Court shall hear and decide any appeal to it under this subsection and it shall convey its decision thereon to the parties.
(c) A hearing under this subsection shall be held in private.
(10) The Court shall not investigate (except by way of appeal to it under subsection (9) of this section) a trade dispute in relation to which a rights commissioner has made a recommendation.
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8 and sch. 2 part 1 item 2, S.I. No. 410 of 2015, subject to transitional provision in s. 8(2).
Modifications (not altering text):
Procedure for appointment of rights commissioner provided (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 34, commenced on enactment.
34.—(1) Where the Minister proposes to appoint a rights commissioner under section 13 (1) of the Industrial Relations Act, 1969, he shall request the Commission to submit to him a panel of persons and he shall not appoint as a rights commissioner any person other than a person included in such panel.
(2) The term of office of a rights commissioner appointed in pursuance of subsection (1) shall be a period not exceeding three years.
(3) A rights commissioner may be re-appointed for a further term or terms by the Minister.
Application of subs. (2) restricted (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 8(10), S.I. No. 138 of 1977, as substituted (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(d), commenced as per s. 17(4).
Determination of claims for unfair dismissal.
[(10) (a) A dispute in relation to a dismissal as respects which a recommendation has been made by a rights commissioner under this Act or a hearing by the Tribunal under this Act has commenced shall not be referred, under the Industrial Relations Acts, 1946 to 1990, to a rights commissioner or the Labour Court.
(b) Where, in relation to a dismissal, a recommendation has been made by a rights commissioner, or a hearing by the Labour Court under the said Acts has commenced, the employee concerned shall not be entitled to redress under this Act in respect of the dismissal.
Requirements for making objection under subs. (3)(b)(ii) provided (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 36, commenced on enactment.
Objections and appeals.
36.—(1) An objection under section 13 (3) (b) (ii) of the Industrial Relations Act, 1969, by a party to a trade dispute to an investigation of the dispute by a rights commissioner shall be of no effect unless it is notified in writing to the commissioner within three weeks after notice of the reference of the dispute to the commissioner has been sent by post to that party.
(2) An appeal to the Court against the recommendation of a rights commissioner shall not be considered unless it is notified in writing to the Court within six weeks after the making of the recommendation.
(3) A rights commissioner, in addition to notifying the Court, shall notify the Minister and the Commission of every recommendation made by him.
(4) The Commission shall not exercise its function of conciliation on a dispute on which a rights commissioner has made a recommendation.
Provision for rights commissioners appointed under subs. (1) to stand appointed as adjudication officers for purposes of Workplace Relations Act 2015 made (1.10.2015) by Workplace Relations Act 2015 (16/2015) s. 40(3), S.I. No. 410 of 2015.
Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” in relation to subs. (4) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2); subs. (4) repealed as per F-note above.
Previous affecting provision: functions transferred and term “Minister for Finance” construed in relation to subs. (4) (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973, arts. 3, 4(1)(n), subject to transitional provisions in arts. 6-8; superseded (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2-5, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.