Workplace Relations Act 2015

48.

Striking out of cases that are not pursued

48. (1) Where a complaint is presented to the Director General under section 41 , the Director General may strike out the complaint where he or she is satisfied that the complainant has not pursued the complaint within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.

(2) Where a decision of an adjudication officer is appealed to the Labour Court under section 44 , the Labour Court may strike out the appeal if it is satisfied that the appellant has not pursued the appeal within the period of one year (or such other period as may be prescribed) immediately preceding its being struck out.

(3) The Director General shall, as soon as may be after he or she strikes out a complaint in accordance with this section, notify the complainant and respondent to the complaint in writing of the striking out of the complaint.

(4) The Labour Court shall, as soon as may be after he or she strikes out an appeal in accordance with this section, notify the appellant and respondent to the appeal in writing of the striking out of the appeal.

(5) Where a complaint or appeal is struck out under this section, the complainant or appellant shall not be entitled to prosecute the proceedings any further.