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19 1990

INDUSTRIAL RELATIONS ACT, 1990

PART III

Industrial Relations Generally

worker”.

23. —(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means any person aged 15 years or more who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—

(a) a person who is employed by or under the State,

(b) a teacher in a secondary school,

(c) a teacher in a national school,

(d) an officer of a local authority,

(e) an officer of a vocational education committee, or

(f) an officer of a school attendance committee.

(2) In subsection (1)local authority” means—

(a) a council of a county, a corporation of a county or other borough, a council of an urban district, the commissioners of a town, a health board or a port sanitary authority,

(b) a committee or joint committee or board or joint board appointed (whether before or after the passing of this Act) by or under statute to perform the functions or any of the functions of one or more of the bodies mentioned in paragraph (a), and

(c) a committee or joint committee or board or joint board of or appointed by one or more of the bodies mentioned in paragraphs (a) and (b) but not including a vocational education committee, a committee of agriculture or a school attendance committee.

(3) The Minister for Finance may from time to time—

(a) designate for the purpose of subsection (1) any persons (other than established civil servants within the meaning of the Civil Service Regulation Act, 1956 ) employed by virtue of section 30 (1) (g) of the Defence Act, 1954, or employed by or under the State, and

(b) cancel the designation of any persons under this subsection.

(4) Any person who stands designated by virtue of section 17 (2) (a) of the Industrial Relations Act, 1969 , at the passing of this Act shall remain designated for the purpose of subsection (1) unless the designation is cancelled under subsection (3) (b).

(5) The Government may by order amend the definition of “worker” in subsection (1) and may by order revoke or amend any such order.

(6) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

The Labour Court and the Labour Relations Commission

Establishment of the Commission.

24. —(1) There shall be a body to be known as the Labour Relations Commission to fulfil the functions assigned to it by this Act.

(2) The Commission shall stand established on such day as the Minister by order appoints.

(3) The Commission shall consist of a chairman and six ordinary members who shall be appointed by the Minister.

(4) The Fourth Schedule to this Act shall apply to the Commission.

Functions of the Commission.

25. —(1) The Commission shall have general responsibility for promoting the improvement of industrial relations and shall—

(a) provide a conciliation service;

(b) provide an industrial relations advisory service;

(c) prepare codes of practice relevant to industrial relations after consultation with unions and employer organisations;

(d) offer guidance on codes of practice and help to resolve disputes concerning their implementation;

(e) appoint equality officers of the Commission and provide staff and facilities for the equality officer service;

(f) select and nominate persons for appointment as rights commissioners and provide staff and facilities for the rights commissioner service;

(g) conduct or commission research into matters relevant to industrial relations;

(h) review and monitor developments in the area of industrial relations;

(i) assist joint labour committees and joint industrial councils in the exercise of their functions.

(2) The Commission may at the request of one or more parties to a trade dispute or on its own initiative offer the parties its appropriate services with a view to bringing about a settlement.

(3) Except where there is specific provision for the direct reference of trade disputes to the Labour Court, trade disputes shall first be referred to the Commission or to its appropriate services.

(4) The Commission may, if it thinks fit, on request or on its own initiative, provide for employers, employers' associations, workers and trade unions such advice as it thinks appropriate on any matter concerned with industrial relations.

(5) The functions referred to in subsection (1) (a), (b) or (d) shall be performed on behalf of the Commission by members of its staff duly appointed by the Commission.

(6) The Commission, a member of the Commission or any of its staff shall not include in any report any information obtained by it in the course of any proceedings before it under this Act as to any trade union or as to the business carried on by any person which is not available otherwise than through evidence given at the proceedings (including conciliation conferences and advisory meetings) without the consent of the trade union or person concerned, nor shall any member of the Commission or any of its staff or any person concerned in the proceedings, without such consent, disclose any such information.

(7) Subsection (6) shall not apply to a report to the Court under section 26 (1) (a) or a notice to the Court under section 26 (3) (a) or a report under section 48 (3).

(8) Subsection (6) is without prejudice to section 8 (2) of the Anti-Discrimination (Pay) Act, 1974 , or section 14 of the Industrial Relations Act, 1969 .

Investigation of dispute by Court.

26. —(1) The Court shall not investigate a trade dispute unless—

(a) subject to subsection (3), it receives a report from the Commission stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute, and

(b) the parties to the dispute have requested the Court to investigate the dispute.

(2) The report referred to in subsection (1) (a) shall include information on the issues in dispute, the attempts made to resolve the dispute and any other information which the Commission considers of assistance to the Court.

(3) Notwithstanding subsection (1) (a), the Court may investigate a dispute if—

(a) the Chairman of the Commission (or any member or officer of the Commission authorised by him) notifies the Court that in the circumstances specified in the notice the Commission waives its function of conciliation in the dispute, and

(b) the parties to the dispute have requested the Court to investigate the dispute.

(4) The foregoing provisions of this section shall not apply in relation to an investigation of a trade dispute by the Court instituted by it before the establishment of the Commission or an appeal to the Court in relation to a recommendation of a rights commissioner or of an equality officer.

(5) Where the Court, following consultation with the Commission, is of opinion, in relation to a trade dispute which but for this subsection it would be precluded by virtue of subsection (1) from investigating, that there are exceptional circumstances which warrant it so doing, it may investigate the dispute.

Procedure of the Commission.

27. —(1) The Commission may act notwithstanding the existence of not more than two vacancies in its membership.

(2) The Commission may from time to time make rules regulating its own procedure and business (including the fixing of a quorum for its meetings) and shall furnish the Minister with a copy of any such rules as soon as may be after they have been made.

(3) The Commission shall in each year, at such date as the Minister may direct, make a report of its activities to the Minister including such observations as it thinks proper relating to trends and developments in industrial relations including pay and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(4) The Commission shall supply to the Minister such information as he may from time to time require regarding its activities.

The chief executive.

28. —(1) There shall be a chief officer of the Commission who shall be known as the chief executive.

(2) The first chief executive shall be appointed by the Minister and each subsequent chief executive shall be appointed by the Minister after consultation with the Commission.

(3) The terms and conditions of service of the post of chief executive shall be determined by the Minister with the consent of the Minister for Finance.

(4) The office of chairman and the post of chief executive may be held by the same person for such period and subject to such conditions as the Minister with the consent of the Minister for Finance may determine.

(5) The chief executive may be removed from office by the Minister for stated reasons.

Superannuation and gratuities for and in respect of the chief executive of the Commission.

29. —(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities and other allowances on cessation of office or death to or in respect of the chief executive of the Commission.

(2) The Minister may, with the consent of the Minister for Finance, at any time amend a scheme made by him under this section.

(3) A scheme made by the Minister under this section shall be carried out by the Minister in accordance with its terms.

(4) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(5) Every scheme made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Grants to the Commission and power to borrow.

30. —(1) In each financial year there may be paid to the Commission out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance, may sanction towards the expenses of the Commission in the performance of its functions.

(2) The Commission may, with the consent of the Minister, given with the consent of the Minister for Finance, borrow temporarily by arrangement with bankers such sums as it may require for the purpose of providing for current expenditure.

Accounts and audits.

31. —(1) The Commission shall, in such form as may be approved by the Minister with the consent of the Minister for Finance, keep all proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of this section shall be submitted annually at such times as the Minister, with the consent of the Minister for Finance, directs, by the Commission to the Comptroller and Auditor General for audit and those accounts, when so audited, shall (together with the report of the Comptroller and Auditor General thereon), be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Staff of the Commission.

32. —(1) The Minister, with the consent of the Minister for Finance, may appoint such staff as he thinks necessary to assist the Commission in the performance of its functions.

(2) Appointments under this section shall be on such terms as the Minister with the consent of the Minister for Finance determines and shall be subject to the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 and 1958.

Industrial relations officers and advisory service.

33. —(1) The Commission may appoint members of its staff to act as industrial relations officers.

(2) The industrial relations officers shall perform any duties assigned to them by the Commission through its chairman or its chief executive officer and, in particular, they shall assist in the prevention and settlement of trade disputes.

(3) The Commission may appoint members of its staff, including industrial relations officers, to give advice on matters relating to industrial relations to management and workers or their representatives.

Rights commissioners.

34. —(1) Where the Minister proposes to appoint a rights commissioner under section 13 (1) of the Industrial Relations Act, 1969 , he shall request the Commission to submit to him a panel of persons and he shall not appoint as a rights commissioner any person other than a person included in such panel.

(2) The term of office of a rights commissioner appointed in pursuance of subsection (1) shall be a period not exceeding three years.

(3) A rights commissioner may be re-appointed for a further term or terms by the Minister.

The Rights Commissioner Service.

35. —(1) The rights commissioners shall operate as a service of the Commission and references to rights commissioners in the Industrial Relations Act, 1969 , the Unfair Dismissals Act, 1977 , and the Maternity Protection of Employees Act, 1981 , shall be taken to be references to rights commissioners so operating.

(2) A rights commissioner shall be independent in the performance of his functions.

Objections and appeals.

36. —(1) An objection under section 13 (3) (b) (ii) of the Industrial Relations Act, 1969 , by a party to a trade dispute to an investigation of the dispute by a rights commissioner shall be of no effect unless it is notified in writing to the commissioner within three weeks after notice of the reference of the dispute to the commissioner has been sent by post to that party.

(2) An appeal to the Court against the recommendation of a rights commissioner shall not be considered unless it is notified in writing to the Court within six weeks after the making of the recommendation.

(3) A rights commissioner, in addition to notifying the Court, shall notify the Minister and the Commission of every recommendation made by him.

(4) The Commission shall not exercise its function of conciliation on a dispute on which a rights commissioner has made a recommendation.

Equality officers.

37. —(1) The Commission may, with the consent of the Minister and the Minister for Finance, appoint members of its staff to be equality officers and a person so appointed shall be known (and is in this Part referred to) as an equality officer.

(2) The equality officers appointed before the establishment of the Commission under the Anti-Discrimination (Pay) Act, 1974 , as adapted by section 18 of the Employment Equality Act, 1977 , shall, after such establishment, perform their functions as officers of the Commission and not of the Court.

(3) An equality officer shall be independent in the performance of his functions.

(4) Section 6 (1) of the said Act of 1974 shall cease to have effect on the establishment of the Commission but without prejudice to any appointments previously made under that subsection.

(5) References in the Anti-Discrimination (Pay) Act, 1974 , and the Employment Equality Act, 1977 , to equality officers shall be read as references to equality officers under this section.

Reference of dispute by Minister.

38. —(1) Where the Minister is of the opinion that a trade dispute, actual or apprehended, affects the public interest, he may refer the matter to the Commission or the Court, which shall endeavour to resolve the dispute.

(2) Where the Minister is of the opinion that a trade dispute is a dispute of special importance, he may request the Commission or the Court or another person or body to conduct an enquiry into the dispute and to furnish a report to him on the findings.

Review of joint labour committees.

39. —The Commission shall carry out a periodic review with a view to ascertaining whether, in the opinion of the Commission, new joint labour committees should be established or, as regards existing committees, whether any establishment order requires amendment or any committee should be abolished, and shall send a copy of the review to the Court and to the Minister.

Superannuation and gratuities for and in respect of chairman, deputy chairmen and ordinary members of the Court.

40. Section 5 of the Industrial Relations Act, 1969 , is hereby amended by the substitution for subsection (1) of the following subsection:

“(1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of pensions, gratuities and other allowances on cessation of office or death to or in respect of the chairman, a deputy chairman (whether appointed under section 4 (1) or 4 (4) of this Act or under section 8 (3) of the Industrial Relations Act, 1976 ) who is required by the Minister to devote the whole of his working time to the duties of the office of deputy chairman, and the ordinary members of the Court.”.

Divisions of Court.

41. —The Minister may amend or revoke an order made by him under section 8 (1) of the Industrial Relations Act, 1976 .

Codes of Practice

Codes of practice.

42. —(1) The Commission shall prepare draft codes of practice concerning industrial relations for submission to the Minister, either on its own initiative or at the request of the Minister.

(2) Before submitting a draft code of practice to the Minister, the Commission shall seek and consider the views of organisations representative of employers and organisations representative of workers, and such other bodies as the Commission considers appropriate.

(3) Where the Minister receives a draft code of practice from the Commission he may by order declare that the code, scheduled to the order, shall be a code of practice for the purposes of this Act.

(4) In any proceedings before a court, the Labour Court, the Commission, the Employment Appeals Tribunal, a rights commissioner or an equality officer, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

(5) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings.

(6) The Minister may at the request of or after consultation with the Commission by order revoke or amend a code of practice.

(7) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done there-under.

Functions of Labour Court relating to codes of practice.

43. —(1) The Court may on the application of one or more parties concerned give its opinion as to the interpretation of a code of practice, provided that in the case of an application by one party notice of the application has been given by that party to the other party.

(2) The Court may investigate a complaint that there has been a breach of a code of practice provided that the complaint has been referred to the Court by a party directly involved and that the complaint has first been considered by the Commission in accordance with section 26 .

(3) Where the Court has investigated such a complaint, it may make a recommendation setting forth its opinion in the matter and, where appropriate, its view as to the action which a party in breach of the code should take or cease from taking in order to ensure compliance with the code.

Joint Labour Committees

Constitution and proceedings of joint labour committees.

44. —The provisions of the Fifth Schedule to this Act shall have effect with respect to the constitution and proceedings of joint labour committees.

Making of establishment orders.

45. —(1) The day for the holding of an enquiry into an application for an establishment order under section 38 of the Industrial Relations Act, 1946 , to be set out in a notice under that section shall be not less than thirty days from the date of publication of the notice or later than sixty days from the receipt of the application by the Court and section 38 (b) (ii) of the section shall stand amended accordingly.

(2) The Court shall make an establishment order, or make known its decision not to do so, within forty-two days of the completion of the enquiry held in accordance with the said section 38.

Exclusion from scope of joint labour committee.

46. —(1) The Court may by order exclude an undertaking to which a registered employment agreement applies from the scope of the functions of a joint labour committee at the request of the employer and the group of workers or their representatives in the undertaking provided that the remuneration and conditions of employment provided for in the registered employment agreement are not less favourable than those provided for in the relevant employment regulation order.

(2) An order under subsection (1) shall cease to have effect if—

(a) the remuneration and conditions of employment provided for in the registered employment agreement become less favourable than those provided for in the relevant employment regulation order, or

(b) the registered employment agreement is revoked.

Report for assistance of joint labour committee.

47. —(1) The Court may, on its own initiative or at the request of a joint labour committee, arrange for the provision of a report on the industry or trade covered by the committee and the position of its workforce, having regard to the purposes for which the committee was established.

(2) A request for a report under subsection (1) may be made by the committee on the application of the chairman with the approval of a majority of the members of the committee.

Proposals for employment regulation order.

48. —(1) Where a joint labour committee has formulated proposals for an employment regulation order, the committee shall publish a notice stating—

(a) the place where copies of the proposals may be obtained;

(b) that representations with respect to the proposals may be made to the committee within the period of twenty-one days after the date of such publication.

(2) The joint labour committee, having considered any representations made to it in accordance with subsection (1), may submit to the Court such proposals as it thinks proper for an employment regulation order.

(3) When proposals for an employment regulation order are submitted to the Court, the chairman of the committee shall submit a report to the Court on the circumstances surrounding their adoption.

(4) The Court may, as it thinks proper, by order give effect to the proposals from such date (subsequent to the date of the order) as the Court specifies in the order.

(5) (a) Where the Court is not satisfied that it should make an order giving effect to the proposals it may submit to the committee amended proposals which it is willing to accept.

(b) The committee may, if it thinks fit, re-submit the amended proposals, with or without modifications, to the Court.

(c) The Court may, as it thinks proper, make an order giving effect to the proposals as so re-submitted from such date (subsequent to the date of the order) as the Court thinks proper and specifies in the order or refuse to make an order.

Enforcement of employment regulation order by inspector by civil proceedings.

49. —(1) An inspector may institute on behalf of a worker civil proceedings for the enforcement of any right of action of the worker against his employer in respect of the failure of the employer to comply with a condition of employment of an employment regulation order and in any such proceedings an order may be made for the payment of costs by the inspector but not by the worker.

(2) The power given by subsection (1) shall not be in derogation of any right of the worker to institute civil proceedings on his own behalf.

Amendment of section 52 (2) (d) of Industrial Relations Act, 1946 .

50. Section 52 (2) (d) of the Industrial Relations Act, 1946 (which refers to failure or refusal to comply with any lawful requirement of an inspector) is hereby amended by the deletion of “wilfully” before “fails”.

Registered Employment Agreements

Records.

51. —(1) The employer of any workers to whom a registered employment agreement applies shall keep such records as are necessary to show that the registered employment agreement is being complied with and shall retain the records for three years.

(2) If an employer fails to comply with a provision of subsection (1) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(3) If any employer required by this section to keep records keeps or causes to be kept, or produces or causes to be produced or knowingly allows to be produced to an inspector, any record which is false in a material respect knowing it to be false, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a period not exceeding three months or to both.

Powers of inspection for enforcement of registered employment agreement.

52. —The powers of inspection given to inspectors by section 12 of the Industrial Relations Act, 1969 , shall be exercisable for the purpose of enforcing the provisions of section 32 of the Industrial Relations Act, 1946 , and section 51 of this Act and the said section 12 and this section shall be construed as one section.

Proof of registered employment agreement and related matters.

53. —(1) A copy of Iris Oifigiúil purporting to contain a notice published by the Court of the registration of an employment agreement shall be prima facie evidence of the making of that agreement.

(2) Prima facie evidence of a registered employment agreement or of the variation of an agreement may be given by the production of a document purporting to be a copy of the agreement or of the variation and to be published by the Court.

(3) A copy of Iris Oifigiúil purporting to contain a notice or list published by the Court under section 31 of the Industrial Relations Act, 1946 , shall be prima facie evidence of the contents of the notice or list, including any particulars published therewith.

Enforcement of registered employment agreement by inspector by civil proceedings.

54. —(1) An inspector may, if it appears to him that a sum is due from an employer to a worker to whom a registered employment agreement applies or that the employer has failed to comply with a condition of any such agreement with respect to the worker, institute on behalf of that worker civil proceedings for the recovery of that sum or the enforcement of that condition and in any such proceedings an order may be made for the payment of costs by the inspector but not by the worker.

(2) The power given by subsection (1) shall not be in derogation of any right of the worker to institute civil proceedings on his own behalf.

Amendment of section 12 (2) (d) of Industrial Relations Act, 1969 .

55. Section 12 (2) (d) of the Industrial Relations Act, 1969 (which refers to failure or refusal to comply with a lawful requirement of an inspector) is hereby amended by the deletion of “wilfully” before “fails”.

Failure to Attend Sitting of Court

Evidence of failure to attend sitting of Court.

56. —(1) A document purporting to be sealed with the seal of the Court stating that—

(a) the person named in the document was, by a summons under section 21 of the Industrial Relations Act, 1946 , summoned to attend as a witness before the Court on a day and at a place specified in the document,

(b) a sitting of the Court was held on that day and at that place, and

(c) the said person made default in attending the Court in pursuance of the summons,

shall, in a prosecution against the person so named for the alleged default, be received in evidence of the matters so stated without further proof.

(2) Section 18 of the Industrial Relations Act, 1946 , shall apply to a document to which subsection (1) relates.