38.—(1) Where a case is referred to the F85[Director of the Workplace Relations Commission] and, at any time after the expiry of one year from the date of the reference, it appears to the F85[Director of the Workplace Relations Commission] that the complainant has not pursued, or has ceased to pursue, the reference, the F85[Director of the Workplace Relations Commission] may dismiss the reference.

(2) As soon as practicable after dismissing a reference, the F85[Director of the Workplace Relations Commission] shall give notice in writing of that fact to the complainant and the respondent.

(3) Where a reference is dismissed under this section, no further proceedings may be taken in relation to that reference, but nothing in this section prevents a person from making a further reference in relation to the same matter (subject to any applicable time limit).