Employment Equality Act 1998

Form and content of decisions and determinations.

88

88.—(1) Every decision of the F163[Director General of the Workplace Relations Commission] or determination of the Labour Court under this Part shall be in writing and—

(a) if the F163[Director General of the Workplace Relations Commission] or the Labour Court thinks fit, or

(b) if any of the parties so requests,

the decision or determination shall include a statement of the reasons why the F163[Director General of the Workplace Relations Commission] reached that decision or, as the case may be, why the Labour Court reached that determination.

(2) By notice in writing to the parties, the F163[Director General of the Workplace Relations Commission] or, as the case may be, the Chairman of the Labour Court may correct any mistake (including an omission) of a verbal or formal nature in a decision or determination under this Part.

(3) In this section “the parties” means—

(a) in the case of a decision F164[…] under section 79, the complainant and the respondent as defined in section 77(4),

(b) in the case of a determination under section 83, the parties to the appeal,

(c) in the case of a decision under section 85, the Authority and the persons referred to in subsections (2) (b) and (c) of that F165[section,]

F166[(ca) in the case of a decision or determination under section 85C, the complainant and the respondent, within the meaning of that section, and]

(d) in the case of a decision under section 86 or a determination under section 87, the complainant and the respondents, within the meaning of section 86.

(4) If any person who participated in an investigation under section 79 or 86 is not correctly identified in the resulting decision or determination, the correction of that error shall be regarded as falling within subsection (2).

Annotations

Amendments:

F163

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).

F164

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 23, commenced on enactment.

F165

Substituted (31.05.2022) by Gender Pay Gap Information Act 2021 (20/2021), s. 4(a), S.I. No. 263 of 2022.

F166

Inserted (31.05.2022) by Gender Pay Gap Information Act 2021 (20/2021), s. 4(b), S.I. No. 263 of 2022.

Modifications (not altering text):

C37

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.