Industrial Relations Act 1990

Application of provisions of Part II .

9

9. (1) Sections 11, 12 and 13 shall apply only in relation to authorised trade unions which for the time being are holders of negotiation licences under the Trade Union Act, 1941, and the members and officials of such trade unions, and not otherwise.

(2) Where in relation to the employment or non-employment or the terms or conditions of or affecting the employment of one individual worker, there are agreed procedures availed of by custom or in practice in the employment concerned, or provided for in a collective agreement, for the resolution of individual grievances, including dismissals, sections 10 , 11 and 12 shall apply only where those procedures have been resorted to and exhausted.

(3) Procedures shall be deemed to be exhausted if at any stage an employer fails or refuses to comply with them.

(4) The procedures referred to in subsection (2) may include resort to such persons or bodies as a rights commissioner, the Labour Relations Commission, the Labour Court, F2 [ Director General of the Workplace Relations Commission ] and the Employment Appeals Tribunal but shall not include an appeal to a court.

Annotations:

Amendments:

F2

Substituted by Employment Equality Act 1998 (21/1998), s. 105(a), as amended (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):

C5

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:

E12

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