Industrial Relations Act 1990

26A

Time limit in relation to trade dispute where retired worker is party to dispute

F12 [ 26A. (1) Notwithstanding any other provision of this or any other enactment, but subject to subsection (2), an adjudication officer or the Court shall not investigate a trade dispute to which a worker who has ceased to be employed by reason of his or her retirement is a party unless

(a) the dispute was referred to the Commission for conciliation within a period of 6 months from the date on which the worker s employment ceased, or the date on which the event to which the dispute relates occurred, whichever is the earlier, or

(b) the dispute was referred to an adjudication officer or, as the case may be, the Court within the period referred to in paragraph (a).

(2) Notwithstanding subsection (1), an adjudication officer or, as the case may be, the Court may extend the period referred to in that subsection by a further period not exceeding 6 months where the adjudication officer or the Court is satisfied that the failure to refer the dispute within the period referred to in subsection (1) was due to reasonable cause.

(3) The Commission or the Court shall not investigate a trade dispute to which a worker referred to in subsection (1) is a party where the dispute is subject to investigation by the Pensions Ombudsman. ]

Annotations:

Amendments:

F12

Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 45, S.I. No. 329 of 2015

Editorial Notes:

E16

The section heading is that of the amending section in the absence of one included in the amendment.