Industrial Relations Act 1990

FOURTH SCHEDULE

Labour Relations Commission

1. The Labour Relations Commission shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name.

2. The chairman shall be appointed by the Minister after consultation with such organisations as the Minister considers to be representative of workers and of employers and shall be appointed for such period and on such terms and conditions as the Minister determines.

3. Of the ordinary members of the Commission—

( a) two shall be workers’ members;

( b) two shall be employers’ members; and

( c) two shall be nominated by the Minister.

4. The workers’ members shall be the persons nominated for appointment by the Minister by such organisation or organisations as the Minister determines to be representative of trade unions of workers.

5. The employers’ members shall be the persons nominated for appointment by the Minister by such organisation or organisations as the Minister determines to be representative of employers.

6. Each ordinary member shall be a part-time member of the Commission and shall be appointed on such terms and conditions as the Minister determines.

7. The chairman and each ordinary member may be paid, out of moneys provided by the Oireachtas, such allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

8. The chairman or an ordinary member may resign his office by letter addressed to the Minister.

9. The Minister may remove the chairman or an ordinary member from office for stated reasons.

10. (1) Where the chairman or an ordinary member of the Commission is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the European Parliament he shall thereupon cease to hold office.

(2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming the chairman or an ordinary member of the Commission.

11. The seal of the Commission shall be authenticated by the signature of the chairman or an ordinary member authorised by the Commission to act in that behalf and the signature of an officer of the Commission authorised by the Commission to act in that behalf.

12. Judicial notice shall be taken of the seal of the Commission and every document purporting to be an instrument made by the Commission and to be sealed with the seal (purporting to be authenticated in accordance with paragraph 11) of the Commission shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.