Workplace Relations Act 2015
Number 16 of 2015
WORKPLACE RELATIONS ACT 2015
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Workplace Relations Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 16 of 2015
WORKPLACE RELATIONS ACT 2015
REVISED
Updated to 1 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Protected Disclosures (Amendment) Act 2022 (27/2022)
• Sick Leave Act 2022 (24/2022)
• Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 (23/2022)
• Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021)
• Family Leave and Miscellaneous Provisions Act 2021 (4/2021)
• Parent’s Leave and Benefit Act 2019 (35/2019)
• Employment (Miscellaneous Provisions) Act 2018 (38/2018)
• Criminal Justice (Corruption Offences) 2018 (9/2018)
• Paternity Leave and Benefit Act 2016 (11/2016)
• Credit Guarantee (Amendment) Act 2016 (1/2016)
• Industrial Relations (Amendment) Act 2015 (27/2015)
• National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022)
• Workplace Relations Act 2015 (Workplace Relations Commission Code of Practice on the Right to Disconnect) Order 2021 (S.I. No. 159 of 2021)
• Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020)
• European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020 (S.I. No. 195 of 2020)
• Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)
• Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2017 (S.I. No. 32 of 2017)
• Workplace Relations Commission Director General Superannuation Scheme 2016 (S.I. No. 595 of 2016)
• European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016)
• Workplace Relations Act 2015 (Section 37) (Commencement) Order 2016 (S.I. No. 206 of 2016)
• Workplace Relations Act 2015 (Fees) Regulations 2015 (S.I. No. 536 of 2015)
• Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015)
• Labour Relations Commission (Dissolution Day) Order 2015 (S.I. No. 413 of 2015)
• Workplace Relations Act 2015 (Establishment Day) Order 2015 (S.I. No. 412 of 2015)
• Workplace Relations Act 2015 (Commencement) (No. 2) Order 2015 (S.I. No. 410 of 2015)
• Workplace Relations Act 2015 (Commencement) Order 2015 (S.I. No. 338 of 2015)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.
Number 16 of 2015
WORKPLACE RELATIONS ACT 2015
REVISED
Updated to 1 January 2023
Preliminary and General
Section
1. Short title and commencement
3. Construction of references to employer and employee
Workplace Relations Commission
10. Establishment of Commission
12. Director General of Workplace Relations Commission
13. Resignation, removal or disqualification of Director General
14. Functions of Director General
15. Consultation by Director General with Board
16. Delegation of functions of Director General
17. Accountability of Director General to committees of Houses of Oireachtas
18. Membership of either House of Oireachtas or European Parliament
Enforcement
29. Report of inspector admissible in evidence
30. Inspection of employer’s records pursuant to direction of Labour Court
31. Disclosure of certain information
32. Disclosure of information relating to offences
33. Disclosure of certain information to or by contracting authority
34. Administrative cooperation by Commission and official bodies
35. Administrative cooperation with foreign statutory bodies on law enforcement matters
37. Prosecution of offence under relevant enactments
Complaints and Disputes
39. Case resolution without reference to adjudication officer
41. Presentation of complaints and referral of disputes
42. Dismissal of claim by adjudication officer
43. Enforcement of decision of adjudication officer
44. Appeal to Labour Court from decision of adjudication officer
45. Enforcement of decision of Labour Court
46. Appeal to High Court on point of law
47. Disposal of complaints by written submissions only
48. Striking out of cases that are not pursued
49. Provisions relating to winding up and bankruptcy
50. Amendment of section 20 of Act of 1946
51. Offence to fail or refuse to pay compensation
53A. Performance of functions of rights commissioners after commencement of this Part
Dissolution of Labour Relations Commission
55. Dissolution day for purposes of this Part
56. Dissolution of Labour Relations Commission
57. Transfer of functions from Labour Relations Commission to Commission
58. Transfer of property of Labour Relations Commission to Commission
59. Transfer of rights and liabilities of Labour Relations Commission to Commission
60. Liability for loss occurring before dissolution day
61. Provisions consequent upon transfer of functions, property, rights and liabilities to Commission
62. Final accounts and final annual report of Labour Relations Commission
Dissolution of Employment Appeals Tribunal
64. Dissolution day for purposes of this Part
65. Dissolution of Employment Appeals Tribunal
66. Transfer of functions from Employment Appeals Tribunal
67. Transfer of property of Employment Appeals Tribunal to Labour Court
68. Transfer of rights and liabilities of Employment Appeals Tribunal to Labour Court
69. Liability for loss occurring before dissolution day
70. Provisions consequent upon transfer of functions, property, rights and liabilities
Miscellaneous
73. Prohibition on unauthorised disclosure of confidential information
74. Amendment of section 21 of Act of 1946
75. Amendment of section 10 of Act of 1946
77. Amendment of section 2 of Act of 1969
78. Certain functions of Labour Court performable by chairman or deputy chairman of Labour Court
79. Amendment of section 4 of Act of 1969
81. Amendment of Protection of Employees (Employers’ Insolvency) Act 1984
82. Amendment of Part VII of Pensions Act 1990
84. Amendment of Equal Status Act 2000
Employment Enactments
Acts of the Oireachtas
Provisions of Acts of Oireachtas
Statutory Instruments
Repeals and Revocations
Acts of the Oireachtas
Statutory Instruments
Workplace Relations Commission
Enactments Specified for Purposes of section 28
Provisions and Enactments Specified for Purposes of Part 4
Relevant Redress Provision
Decisions of Adjudication Officers
Decisions of Labour Court
Amendment of Acts of the Oireachtas
Amendment of Statutory Instruments
Acts Referred to
Adoptive Leave Act 1995 (No. 2)
Bankruptcy Act 1988 (No. 27)
Carer’s Leave Act 2001 (No. 19)
Central Bank (Supervision and Enforcement) Act 2013 (No. 26)
Charities Act 2009 (No. 6)
Chemicals Act 2008 (No. 13)
Civil Service Regulation Act 1956 (No. 46)
Civil Service Regulation Acts 1956 to 2005
Companies Act 1963 (No. 33)
Companies Act 1990 (No. 33)
Companies Act 2014 (No. 38)
Companies Acts
Competition Act 2002 (No. 14)
Consumer Protection Act 2007 (No. 19)
Courts Act 1981 (No. 11)
Criminal Justice Act 2011 (No. 22)
Employees (Provision of Information and Consultation) Act 2006 (No. 9)
Employment Equality Act 1998 (No. 21)
Employment Equality Acts 1998 to 2011
Employment Permits Act 2003 (No. 7)
Employment Permits Act 2006 (No. 16)
Equal Status Act 2000 (No. 8)
Equality Act 2004 (No. 24)
European Parliament Elections Act 1997 (No. 2)
Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (No. 41)
Financial Emergency Measures in the Public Interest Act 2013 (No. 18)
Further Education and Training Act 2013 (No. 25)
Health Act 2004 (No. 42)
Industrial Relations (Amendment) Act 2001 (No. 11)
Industrial Relations (Amendment) Act 2012 (No. 32)
Industrial Relations (Miscellaneous Provisions) Act 2004 (No. 4)
Industrial Relations Act 1946 (No. 26)
Industrial Relations Act 1969 (No. 14)
Industrial Relations Act 1976 (No. 15)
Industrial Relations Act 1990 (No. 19)
Inland Fisheries Act 2010 (No. 10)
Interpretation Act 2005 (No. 23)
Local Government Act 2001 (No. 37)
Maternity Protection Act 1994 (No. 34)
Maternity Protection Acts 1994 and 2004
Minimum Notice and Terms of Employment Act 1973 (No. 4)
Minimum Notice and Terms of Employment Acts 1973 to 2005
National Asset Management Agency Act 2009 (No. 34)
National Minimum Wage Act 2000 (No. 5)
Organisation of Working Time Act 1997 (No. 20)
Parental Leave Act 1998 (No. 30)
Payment of Wages Act 1991 (No. 25)
Pensions Act 1990 (No. 25)
Prevention of Corruption (Amendment) Act 2001 (No. 27)
Property Services (Regulation) Act 2011 (No. 40)
Protected Disclosures Act 2014 (No. 14)
Protection of Employees (Employers’ Insolvency) Act 1984 (No. 21)
Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)
Protection of Employees (Part-Time Work) Act 2001 (No. 45)
Protection of Employees (Temporary Agency Work) Act 2012 (No. 13)
Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (No. 27)
Protection of Employment Act 1977 (No. 7)
Protection of Employment Acts 1977 to 2014
Protection of Young Persons (Employment) Act 1996 (No. 16)
Protections for Persons Reporting Child Abuse Act 1998 (No. 49)
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Redundancy Payments Act 1967 (No. 21)
Redundancy Payments Act 1971 (No. 20)
Redundancy Payments Act 1979 (No. 7)
Redundancy Payments Acts 1967 to 2014
Safety, Health and Welfare at Work Act 2005 (No. 10)
Social Welfare (Miscellaneous Provisions) Act 2003 (No. 4)
Social Welfare (Miscellaneous Provisions) Act 2004 (No. 9)
Social Welfare and Pensions Act 2007 (No. 8)
Social Welfare Consolidation Act 2005 (No. 26)
Taxes Consolidation Act 1997 (No. 39)
Terms of Employment (Information) Act 1994 (No. 5)
Terms of Employment (Information) Acts 1994 to 2014
Trade Union Act 1941 (No. 22)
Transnational Information and Consultation of Employees Act 1996 (No. 20)
Unfair Dismissals (Amendment) Act 1993 (No. 22)
Unfair Dismissals Act 1977 (No. 10)
Unfair Dismissals Acts 1977 to 2007
Number 16 of 2015
WORKPLACE RELATIONS ACT 2015
REVISED
Updated to 1 January 2023
An Act to make provision as respects the resolution, mediation and adjudication of disputes and complaints relating to contraventions of, or entitlements under, certain enactments governing the employment relationship between employers and employees; for that purpose, to provide for the establishment of a body to be known as the Workplace Relations Commission; to provide for the dissolution of the Labour Relations Commission and the transfer of its functions to the aforementioned body; to provide for the dissolution of the Employment Appeals Tribunal and the transfer of its first instance functions to the aforementioned body and its appellate functions to the Labour Court; to provide for the transfer of the functions of the Director of the Equality Tribunal to the aforementioned body; to provide for the repeal of certain enactments; to provide for the amendment of certain enactments; and to provide for matters connected therewith.
[20 th May, 2015]
Be it enacted by the Oireachtas as follows:
Annotations
Modifications (not altering text):
C1
Act applied with modifications (29.05.2020) by European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020 (S.I. No. 195 of 2020, reg. 7(2).
Redress for contravention of Article 16(9) of Regulation (EU) No. 376/2014
7. (1)(a) Subject to subparagraph (b) the Schedule applies in respect of a contravention of Article 16 (9) of Regulation (EU) No. 376/2014.
(b) The Schedule shall not apply in respect of a contravention of Article 16 (9) of Regulation (EU) No. 376/2014 where the report in relation to which the contravention of Article 16 (9) is alleged is a protected disclosure within the meaning of the Protected Disclosures Act 2014 (No. 14 of 2014).
(2) The Workplace Relations Act 2015 (No. 16 of 2015) shall, with any necessary modifications, apply in respect of Article 16(9) of Regulation (EU) No. 376/2014 as if that Article was a provision specified in Part 2 of Schedule 1 to that Act and Part 1 of Schedule 5 to that Act and, to the extent that that Act applies in respect of Article 16(9) of Regulation (EU) No. 376/2014, a reference in the Act to employee shall be taken to include a reference to contracted personnel and a reference to employer shall be taken to include a reference to the organisation for which the contracted personnel provide their services and those references shall be construed in accordance with Regulation (EU) No. 376/2014 and section 3 of the Workplace Relations Act 2015 shall be construed accordingly to the extent to which it relates to Article 16(9) of Regulation (EU) No. 376/2014.