Employment Equality Act 1998

References to the Circuit Court.

80

80.—(1) This section applies where a case is referred to the Circuit Court under section 77(3); and any reference in subsections (2) to (5) of this section to the proceedings is a reference to the proceedings on the reference.

(2) The jurisdiction of the Circuit Court shall be exercised by the judge for the time being assigned to the circuit where the respondent resides or ordinarily carries on any profession, business or occupation.

(3) With the substitution of a reference to the Circuit Court for the reference to the F139[Director General of the Workplace Relations Commission], section 79(3) shall apply in relation to a reference to the Circuit Court as it applies in relation to a reference to the F139[Director General of the Workplace Relations Commission].

(4) If requested to do so by the Circuit Court, the F139[Director General of the Workplace Relations Commission] shall nominate an F140[adjudication officer] to investigate, and prepare a report on, any question specified by the Circuit Court and arising on the reference (including, in particular, any question whether persons are employed to do like work).

(5) Where a report is prepared for the Circuit Court under subsection (4), then, subject to any directions of the Circuit Court—

(a) the F140[adjudication officer] shall furnish a copy of the report to the complainant and the respondent and to any other person to whom it relates,

(b) the report shall be received in evidence in the proceedings, and

(c) without prejudice to the power of the Circuit Court to require the F140[adjudication officer] by whom the report was prepared to attend and give evidence in the proceedings, the F140[adjudication officer] may be called as a witness in the proceedings by the complainant or the respondent.

Annotations

Amendments:

F139

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).

F140

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

Modifications (not altering text):

C30

Application of section extended with modifications by Pensions Act 1990 (25/1990), s. 81J and sch. 4, as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, as amended (18.07.2004) by Equality Act 2004 24/2004), s. 66(3)(e), commenced on enactment.

Application of Employment Equality Act 1998.

81J.—(1) In this section ‘the Act of 1998’ means the Employment Equality Act 1998.

(2) Sections 74, [76, 77A], 78 to 81, 83 to 85 and 86 to 104 of the Act of 1998 shall, where appropriate, apply in relation to this Part as they apply in relation to that Act but with the following modifications.

(3) Those modifications are that for the words set out in column (3) of the Fourth Schedule at a particular reference number, being words appearing in a section or sections of the Act of 1998 specified in column (2) of that Schedule at that reference number, there shall be substituted in the place or, as the case may be, each place where those words occur in that section or sections the words set out in column (4) of that Schedule at that reference number.