Industrial Relations Act 1990

Codes of practice.

42

42. (1) The Commission shall prepare draft codes of practice concerning industrial relations for submission to the Minister, either on its own initiative or at the request of the Minister.

(2) Before submitting a draft code of practice to the Minister, the Commission shall seek and consider the views of organisations representative of employers and organisations representative of workers, and such other bodies as the Commission considers appropriate.

(3) Where the Minister receives a draft code of practice from the Commission he may by order declare that the code, scheduled to the order, shall be a code of practice for the purposes of this Act.

(4) In any proceedings before a court, the Labour Court, the Commission, the Employment Appeals Tribunal, F16 [ F17 [ Director General of the Workplace Relations Commission ] or a rights commissioner ] , a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

(5) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings.

(6) The Minister may at the request of or after consultation with the Commission by order revoke or amend a code of practice.

(7) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done there-under.

Annotations:

Amendments:

F16

Substituted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(d), S.I. No. 320 of 1999, as amended (18.07.2004) by Equality Act 2004 (24/2004), s. 45, commenced on enactment.

F17

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015.

Modifications (not altering text):

C17

Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.

Transfer of functions from Employment Appeals Tribunal

66.(1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.

(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.

(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.

(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.

(3) This section shall come into operation on the dissolution day.

Editorial Notes:

E19

Power pursuant to subs. (3) exercised (20.12.2017) by Industrial Relations Act 1990 (Code of Practice on Longer Working) (Declaration) Order 2017 (S.I. No. 600 of 2017).

E20

Power pursuant to subs. (3) exercised (28.10.2015) by Industrial Relations Act 1990 (Code of Practice on Protected Disclosures Act 2014) (Declaration) Order 2015 (S.I. No. 464 of 2015).

E21

Power pursuant to subs. (3) exercised (28.10.2015) by Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2015 (S.I. No. 463 of 2015).

E22

Power pursuant to subs. (3) exercised (29.04.2008) by Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008 (S.I. No. 132 of 2008).

E23

Power pursuant to subs. (3) exercised (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).

E24

Power pursuant to subs. (3) exercised (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).

E25

Power pursuant to subs. (3) exercised (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).

E26

Safeguard put in place to protect employees in certain circumstances where trade union or excepted body seeks to invoke the procedures under the code of practice under this section (6.04.2004) by Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), s. 8(1)(a) and (3), S.I. No. 138 of 2004.

E27

Power pursuant to subs. (3) exercised (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).

E28

Power pursuant to subsecs. (3) and (6) exercised (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).

E29

Power pursuant to subs. (3) exercised (25.06.1993) by Industrial Relations Act, 1990, Code of Practice on Employee Representatives (Declaration) Order 1993 (S.I. No. 169 of 1993).

E30

Power pursuant to subs. (3) exercised (6.01.1992) by Industrial Relations Act, 1990, Code of Practice on Dispute Procedures (Declaration) Order 1992 (S.I. No. 1 of 1992).

E31

Previous affecting provision: power pursuant to subs. (3) exercised (6.04.2004) by Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004); revoked (28.10.2015) by Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2015 (S.I. No. 463 of 2015), art. 3.

E32

Previous affecting provision: power pursuant to subs. (3) exercised (26.05.2000) by Industrial Relations Act, 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (S.I. No. 145 of 2000); revoked (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. 3.

E33

Previous affecting provision: subs. (4) amended (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 105(d), S.I. No. 320 of 1999, as amended (18.07.2004) by Equality Act 2004 (24/2004), s. 45, commenced on enactment; substituted as per F-note above.

E34

Previous affecting provision: power pursuant to subs. (3) exercised (6.05.1996) by Industrial Relations Act, 1990, Code of Practice on Disciplinary Procedures (Declaration) Order 1996 (S.I. No. 117 of 1996); revoked (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. 3.