Employment Equality Act 1998

Investigations by F128[Director General of the Workplace Relations Commission] or the Labour Court.

79

F129[79.(1) Where a case which has been referred to the F130[Director General of the Workplace Relations Commission] under section 77

(a) does not fall to be dealt with by way of mediation under section 78, or

(b) falls to be dealt with under this section by virtue of section 78(7),

the F130[Director General of the Workplace Relations Commission] shall investigate the case and may, as part of that investigation and if the F130[Director General of the Workplace Relations Commission] considers it appropriate, hear persons appearing to the F130[Director General of the Workplace Relations Commission] to be interested.]

F131[(1A) (a) Claims to have been discriminated against on more than one of the discriminatory grounds shall be investigated as a single case, and

(b) claims both to have been discriminated against on one or more than one of such grounds and to have been penalised in circumstances amounting to victimisation may, in an appropriate case, be so investigated,

but a decision shall be made on each of the claims.]

F132[(2) An investigation under this section shall be held in public unless the Director General of the Workplace Relations Commission, of his or her own motion or upon the application by or on behalf of any party, determines that, due to the existence of special circumstances, the investigation (or part thereof) should be held otherwise than in public.]

F134[(2A)(a) Where the F130[Director General of the Workplace Relations Commission] considers that the case may be dealt with on the basis of written submissions only, the F130[Director General of the Workplace Relations Commission] shall notify the parties in writing of his or her proposal to do so.

(b) A notification under paragraph (a) shall inform the parties of the right to make representations to the F130[Director General of the Workplace Relations Commission] in accordance with paragraph (c).

(c) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the F130[Director General of the Workplace Relations Commission] as to why the case should not be dealt with on the basis of written submissions only.

(d) Where, in representations made pursuant to paragraph (c), objection is made to the F130[Director General of the Workplace Relations Commission] dealing with the matter on the basis of written submissions only, the F130[Director General of the Workplace Relations Commission] shall not determine the matter in that manner. ]

(3) If, in a case which is referred on the ground that the complainant is not receiving remuneration in accordance with an equal remuneration term, a question arises whether the different rates of remuneration to which the case relates are lawful by virtue of section 19(5) or 29(5), the F130[Director General of the Workplace Relations Commission] may direct that that question shall be investigated as a preliminary issue and shall proceed accordingly.

F131[(3A) If, in a case which is referred to the F130[Director General of the Workplace Relations Commission] under section 77, a question arises relating to the entitlement of any party to bring or contest proceedings under that section, including:

(a) whether the complainant has complied with the statutory requirements relating to such referrals,

(b) whether the discrimination or victimisation concerned occurred on or after 18 October 1999,

(c) whether the complainant is an employee, or

(d) any other related question of law or fact,

the F130[Director General of the Workplace Relations Commission] may direct that the question be investigated as a preliminary issue and shall proceed accordingly.]

(4) Subject to subsections (2) and (3), the Minister may by regulations specify—

(a) procedures to be followed by the F130[Director General of the Workplace Relations Commission] F133[] in carrying out investigations (or any description of investigations) under this section, and

(b) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances,

but, before making any such regulations, the Minister shall consult F133[] the Authority and the Director F133[].

(5) Unless the Director F133[] considers it necessary to do so in order to bring an investigation to a proper conclusion, information shall be neither sought nor relied upon for the purpose of an investigation under this section (or of any appeal subsequent thereto) if it relates to or is derived from communications with external advisers to any of the persons referred to in paragraphs (a) to (d) of section 76(5).

F134[(5A) F135[]]

(6) At the conclusion of an investigation under this section (including an investigation of a preliminary issue under F136[subsection (3) or (3A)]), the F130[Director General of the Workplace Relations Commission] shall F136[make a decision] F133[] and, if the decision F133[] is in favour of the complainant—

(a) it shall provide for redress in accordance with section 82, or

(b) in the case of a decision on a preliminary issue under F129[subsection (3) or (3A)], it shall be followed by an investigation of the substantive issue.

F131[(7) F135[]]

F137[(8) (a) The Director General of the Workplace Relations Commission may require a person giving evidence in an investigation under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.

(b) A person who, in or for the purpose of an investigation under this section, gives a statement material in the investigation while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.]

Annotations

Amendments:

F128

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F129

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 24(a) and (d), commenced on enactment.

F130

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F131

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 35 (a), (b) and (d), commenced on enactment.

F132

Substituted (29.07.2021) by Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021), s. 11(a), S.I. No. 397 of 2021.

F133

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. paras. 10(a)-(c), 12(a)-(c), 13 and 14(a) and (b), commenced on enactment.

F134

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 24(b) and (c), commenced on enactment.

F135

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(f), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

F136

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 35(c)(i) and (ii), commenced on enactment.

F137

Inserted (29.07.2021) by Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021), s. 11(b), S.I. No. 397 of 2021. A class B fine means a fine not exceeding €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C30

Functions transferred and “Minister for Justice and Equality” and “Department of Justice and Equality” construed (1.01.2013) by Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012), arts. 2, 3(1)(a), 3(2), commenced as per art. 1(2).

2.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Jobs, Enterprise and Innovation.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Jobs, Enterprise and Innovation.

3.—(1) The functions vested in the Minister for Justice and Equality by or under—

(a) sections 75, 76, 79, 94 and 100 of the Employment Equality Act 1998 (No. 21 of 1998),

...

are transferred to the Minister for Jobs, Enterprise and Innovation.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Jobs, Enterprise and Innovation.

...

Editorial Notes:

E63

Previous affecting provision: subs. (2) amended (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 11, commenced on enactment; substituted as per F-note above.