Employment Equality Act 1998

References by the Labour Court to the F151[Director General of the Workplace Relations Commission.]

84

84.—(1) F152[…]

(2) Where an appeal is brought to the Labour Court under section 83 and it considers that its determination on the appeal would be assisted by the exercise of its powers under this subsection, the Labour Court may refer all or any of the matters in issue on the appeal to the F151[Director General of the Workplace Relations Commission] for further investigation or, as appropriate, re-investigation; and, where such a reference is made, the F151[Director General of the Workplace Relations Commission] shall conduct the further or new investigation of the matters so referred and submit a report thereon to the Labour Court.

(3) Where the Labour Court refers any matters to the F151[Director General of the Workplace Relations Commission] under F153[subsection (2)]—

(a) it may suspend, in whole or in part, or adjourn its investigation of the case in question or, as the case may be, its hearing of the appeal, pending the receipt of a report from the F151[Director General of the Workplace Relations Commission], and

(b) it shall take account of the F151[Director General of the Workplace Relations Commission]’s report on the matters referred in reaching its determination.

(4) Where, on an appeal under section 83, the Labour Court determines that the decision of the F151[Director General of the Workplace Relations Commission] which is in question should be set aside, it may, by its determination, also refer the matter in issue back to the F151[Director General of the Workplace Relations Commission] for a new investigation and decision under section 79.

Annotations

Amendments:

F151

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

F152

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 21, commenced on enactment.

F153

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 22, commenced on enactment.

Modifications (not altering text):

C33

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.