25.—F60[(1) Where a case which has been referred to the F59[Director of the Workplace Relations Commission] under section 21—

(a) does not fall to be dealt with by way of mediation under section 24, or

(b) falls to be dealt with under this section by virtue of section 24(6),

the F59[Director of the Workplace Relations Commission] shall investigate the case and may, as part of that investigation and if the F59[Director of the Workplace Relations Commission] considers it appropriate, hear persons appearing to the F59[Director of the Workplace Relations Commission] to be interested. ]

F61[(1A) (a) Claims to have been discriminated against on more than one of the discriminatory grounds (other than the victimisation ground) shall be investigated as a single case, and

(b) claims to have been discriminated against on discriminatory grounds which include the victimisation ground may, in an appropriate case, be so investigated,

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

F62[(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.]

F63[(2A) (a) Where the F59[Director of the Workplace Relations Commission] considers that the case may be dealt with on the basis of written submissions only, the F59[Director 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 F59[Director 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 F59[Director 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 F59[Director of the Workplace Relations Commission] dealing with the matter on the basis of written submissions only, the F59[Director of the Workplace Relations Commission] shall not determine the matter in that manner.]

F64[(2B) (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.]

(3) The Minister may by regulations specify—

(a) procedures to be followed by the F59[Director of the Workplace Relations Commission] in carrying out investigations (or any description of investigation) 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 the F59[Director of the Workplace Relations Commission] and the Authority.

(4) At the conclusion of an investigation under this section the F59[Director of the Workplace Relations Commission] shall make a decision on the case, and the decision, if it is in favour of the complainant, shall provide for redress in accordance with section 27.