Industrial Relations Act 1990

Number 19 of 1990

INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 23 December 2020

This Revised Act is an administrative consolidation of the Industrial Relations Act 1990. It is prepared by the Law Reform Commission in accordance with its function under the 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 Investment Limited Partnerships (Amendment) Act 2020 (31/2020), enacted 23 December 2020, and all statutory instruments up to and including Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order 2020 (S.I. No. 674 of 2020), made 23 December 2020, 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 19 of 1990

INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 23 December 2020

ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section
1.	Short title.
2.	Collective citations and construction.
3.	Interpretation.
4.	Increase of fines.
5.	Summary proceedings for an offence.
6.	Expenses.
7.	Repeals.

PART II

Trade Union Law

Trade Disputes

8.	Definitions for Part II.
9.	Application of provisions of Part II.
10.	Acts in contemplation or furtherance of trade dispute.
11.	Peaceful picketing.
12.	Removal of liability for certain acts.
13.	Restriction of actions of tort against trade unions.
14.	Secret ballots.
15.	Power to alter rules of trade unions.
16.	Enforcement of rule for secret ballot.
17.	Actions contrary to outcome of secret ballot.
18.	Non-application of sections 14 to 17 to employers’ unions.
19.	Restriction of right to injunction.

Amendment of Trade Union Acts, 1941, 1971 and 1975

20.	Change of deposit consequent on change in number of members.
21.	Amendment of section 2 of Trade Union Act, 1971.
22.	Amalgamations and transfers.

PART III

Industrial Relations Generally

23.

“Worker”.

The Labour Court and the Labour Relations Commission

24.	Establishment of the Commission.
25.	Functions of the Commission.
26.	Investigation of dispute by Court.
26A.	Time limit in relation to trade dispute where retired worker is party to dispute.
27.	Procedure of the Commission.
28.	The chief executive.
29.	Superannuation and gratuities for and in respect of the chief executive of the Commission.
30.	Grants to the Commission and power to borrow.
31.	Accounts and audits.
32.	Staff of the Commission.
33.	Industrial relations officers and advisory service.
34.	Rights commissioners.
35.	The Rights Commissioner Service.
36.	Objections and appeals.
37.	Equality officers.
38.	Reference of dispute by Minister.
39.	Review of joint labour committees.
40.	Superannuation and gratuities for and in respect of chairman, deputy chairmen and ordinary members of the Court.
41.	Divisions of Court.

Codes of Practice

42.	Codes of practice.
43.	Functions of Labour Court relating to codes of practice.

Joint Labour Committees

44.	Constitution and proceedings of joint labour committees.
45.	Making of establishment orders.
46.	Exclusion from scope of joint labour committee.
47.	Report for assistance of joint labour committee.
48.	Proposals for employment regulation order.
49.	Enforcement of employment regulation order by inspector by civil proceedings.
50.	Amendment of section 52 (2) (d) of Industrial Relations Act, 1946.

Registered Employment Agreements

51.	Records.
52.	Powers of inspection for enforcement of registered employment agreement.
53.	Proof of registered employment agreement and related matters.
54.	Enforcement of registered employment agreement by inspector by civil proceedings.
55.	Amendment of section 12 (2) (d) of Industrial Relations Act, 1969.

Failure to Attend Sitting of Court

56.	Evidence of failure to attend sitting of Court.

Increase of Fines

Repeals

Deposits

Labour Relations Commission

FIFTH SCHEDULE

Constitution and Proceedings of Joint Labour Committees

SIXTH SCHEDULE

Enactments to which sections 23(1A) and 23(1B) shall not apply to members of the Garda Síochána

Acts Referred to
Anti-Discrimination (Pay) Act, 1974	1974, No. 15
Civil Service Commissioners Act, 1956	1956; No. 45
Civil Service Regulation Act, 1956	1956, No. 46
Conspiracy, and Protection of Property Act, 1875	1875, c. 86
Employment Equality Act, 1977	1977, No. 16
Industrial Relations Act, 1946	1946, No. 26
Industrial Relations Act, 1969	1969, No. 14
Industrial Relations Act, 1976	1976, No. 15
Interpretation Act, 1937	1937, No. 38
Maternity Protection of Employees Act, 1981	1981, No. 2
Petty Sessions (Ireland) Act, 1851	1851, c. 93
Trade Disputes Act, 1906	1906, c. 47
Trade Disputes (Amendment) Act, 1982	1982, No. 15
Trade Union Act, 1871	1871, c. 31
Trade Union Act, 1941	1941, No. 22
Trade Union Act, 1971	1971, No. 33
Trade Union Act, 1975	1975, No. 4
Unfair Dismissals Act, 1977	1977, No. 10

Number 19 of 1990

INDUSTRIAL RELATIONS ACT 1990

REVISED

Updated to 23 December 2020

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN WORKERS AND EMPLOYERS, AND TO AMEND THE LAW RELATING TO TRADE UNIONS AND FOR THESE AND OTHER PURPOSES TO AMEND THE INDUSTRIAL RELATIONS ACTS, 1946 TO 1976, AND THE TRADE UNION ACTS, 1871 TO 1982. [18th July, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of collectively cited Industrial Relations Acts restricted (31.05.2001) by Industrial Relations (Amendment) Act 2001 (11/2001), s. 2(1), S.I. No. 232 of 2001, as amended (6.04.2004) by Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), s. 2, S.I. No. 138 of 2004.

Investigation of dispute by Court.

2.—(1) Notwithstanding anything contained in the Industrial Relations Acts, 1946 to 1990, at the request of a trade union or excepted body, the Court may investigate a trade dispute where the Court is satisfied that—

[(a) it is not the practice of the employer to engage in collective bargaining negotiations in respect of the grade, group or category of workers who are party to the trade dispute and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute,

(b) either—

(i) the employer has failed to observe—

(I) a provision of the Code of Practice on Voluntary Dispute Resolution under section 42 of the Industrial Relations Act 1990 specifying the period of time for the doing of any thing (or such a provision of any code of practice amending or replacing that code), or

(II) any agreement by the parties extending that period of time,

(ii) the dispute having been referred to the Commission for resolution in accordance with the provisions of such code, no further efforts on the part of the Commission will, in the opinion of the Commission, advance the resolution of the dispute and the Court has received a report from the Commission to that effect,]

(c) the trade union or the excepted body or the employees, as the case may be, have not acted in a manner which, in the opinion of the Court, has frustrated the employer in observing a provision of such code of practice, and

(d) the trade union or the excepted body or the employees, as the case may be, have not had recourse to industrial action after the dispute in question was referred to the Commission in accordance with the provisions of such code of practice.

...

Application of collectively cited Industrial Relations Acts potentially restricted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 42, S.I. No. 96 of 2000.

Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.

42.— The provisions of this Act are in addition to and not in derogation of the Industrial Relations Acts, 1946 to 1990, or—

(a) Employment Regulation Orders, and the enforcement of such Orders, made under those Acts, or

(b) Registered Employment Agreements, and the enforcement of such Agreements, on the register under those Acts on the commencement of this section,

except that where a minimum hourly rate of pay in accordance with this Act is a greater amount than the minimum rate of pay prescribed under an Employment Regulation Order or such a Registered Employment Agreement, the employee’s entitlement to pay in accordance with this Act shall prevail.

Functions transferred and terms “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, 4, and sch. pt. 1, subject to transitional provisions in arts. 5-9. Note that the name of the Minister for and Department of Industry and Commerce was changed:

• to the Minister for and Department of Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993);

• to the Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to the Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to the Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Industry and Commerce.

(2) References to the Department of Labour contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the functions vested in the Minister for Labour by or under:—

(a) any Act mentioned in the Schedule to this Order, and

...

(2) References to the Minister for Labour contained in any Act or instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Industry and Commerce.

...

Schedule

Part I

Acts functions under which are transferred from the Minister for Labour to the Minister for Industry and Commerce.

...

Industrial Relations Acts, 1946 to 1990.

...

Application of collectively cited Industrial Relations Acts 1946 to 1990 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.

8.— ...

[(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. ]

...

Editorial Notes:

Code of practice adopted (29.04.2008) by Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008 (S.I. No. 132 of 2008), art. 2 and sch.

Code of practice adopted (18.05.2007) by Industrial Relations Act 1990 (Code of Practice for Protecting Persons Employed in Other Peoples Homes) (Declaration) Order 2007 (S.I. No. 239 of 2007), art. 2 and sch.

Code of practice adopted (12.01.2006) by Industrial Relations Act 1990 (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006), art. 2 and sch.

Code of practice adopted (6.04.2004) by Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004), art. 2 and sch.

Code of practice adopted (13.01.2004) by Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004), art. 2 and sch.

Code of practice adopted (25.01.2002) by Industrial Relations Act 1990 (Code of Practice Detailing Procedures For Addressing Bullying in The Workplace) (Declaration) Order 2002 (S.I. No. 17 of 2002), art. 2 and sch.

Code of practice adopted (26.05.2000) by Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 (S.I. No. 146 of 2000), art. 2 and sch.

Code of practice adopted (26.05.2000) by Industrial Relations Act, 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (S.I. No. 145 of 2000), art. 2 and sch.

Code of practice adopted (6.05.1996) by Industrial Relations Act, 1990, Code of Practice on Disciplinary Procedures (Declaration) Order 1996 (S.I. No. 117 of 1996), art. 2 and sch.

E10

Code of practice adopted (25.06.1993) by Industrial Relations Act, 1990, Code of Practice on Employee Representatives (Declaration) Order 1993 (S.I. No. 169 of 1993), art. 2 and sch.

E11

Code of practice adopted (6.01.1992) by Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order 1992 (S.I. No. 1 of 1992), art. 2 and sch.

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Industrial Relations Act 1990