Industrial Relations Act 1990

Investigation of dispute by Court.

26

26. (1) The Court shall not investigate a trade dispute unless—

( a) subject to subsection (3), it receives a report from the Commission stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute, and

( b) the parties to the dispute have requested the Court to investigate the dispute.

(2) The report referred to in subsection (1) (a) shall include information on the issues in dispute, the attempts made to resolve the dispute and any other information which the Commission considers of assistance to the Court.

(3) Notwithstanding subsection (1) (a), the Court may investigate a dispute if—

( a) the Chairman of the Commission (or any member or officer of the Commission authorised by him) notifies the Court that in the circumstances specified in the notice the Commission waives its function of conciliation in the dispute, and

( b) the parties to the dispute have requested the Court to investigate the dispute.

(4) The foregoing provisions of this section shall not apply in relation to an investigation of a trade dispute by the Court instituted by it before the establishment of the Commission or an appeal to the Court in relation to a recommendation of a rights commissioner or of an equality officer.

(5) Where the Court, following consultation with the Commission, is of opinion, in relation to a trade dispute which but for this subsection it would be precluded by virtue of subsection (1) from investigating, that there are exceptional circumstances which warrant it so doing, it may investigate the dispute.

Annotations:

Modifications (not altering text):

C12

Application of section restricted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 9(6), S.I. No. 329 of 2015.

Variation of registered employment agreements

9....

(6) Following a referral of a dispute to the Workplace Relations Commission under subsection (5), where the parties have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Act of 1990, the Commission shall request the Court to investigate the dispute.

...

C13

Application of section restricted by Industrial Relations Act 1946 (26/1948), s. 28(6) as substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 6, commenced on enactment.

Variation of registered employment agreement.

[28.— ...

(6) Following a referral of a dispute to the Labour Relations Commission under subsection (5), where the parties to the dispute have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Industrial Relations Act 1990, the Commission shall request the Court to investigate the dispute.

... ]

C14

Application of section restricted by by Industrial Relations Act 1946 (26/1948), s. 42B(4) as inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 12, commenced on enactment.

[Proposals by joint labour committee for employment regulation orders.

42B.— ...

(4) Notwithstanding section 26 of the Industrial Relations Act 1990, where a joint labour committee has failed to formulate proposals or where it has formulated proposals and has failed to adopt such proposals, and the chairman is satisfied that no further efforts on his or her part will advance the committee in reaching agreement, the chairman may, and shall if requested by a member of the committee, submit the outstanding issues to the Court for its recommendation.

...