Resolution Machinery

Paul McMahonEmployment Bodies

Industrial Relations Act 1946

Preliminary and General.

Short title.

1.—This Act may be cited as the Industrial Relations Act, 1946.

Commencement.

2.—This Act shall come into operation on the day appointed for the purpose by order of the Minister.

Annotations:

Editorial Notes:

Power pursuant to section exercised (23.09.1946) by Industrial Relations Act, 1946 (Commencement) Order 1946 (S.I. No. 304 of 1946).

2. The 23rd day of September, 1946, is hereby appointed to be the day on which the Industrial Relations Act, 1946 (No. 26 of 1946), shall come into operation.

Definitions generally.

3.—In this Act—

the expression “the Court” means the Labour Court;

the expression “the Minister” means the Minister for Industry and Commerce;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “registered joint industrial council” has the meaning given to it by section 59 of this Act;

the expression “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person F1[and includes any such dispute or difference between employers and workers where the employment has ceased,];

the expression “trade union” means a trade union which is the holder of a negotiation licence granted under the Trade Union Act, 1941 (No. 22 of 1941).

PART II.

The Labour Court.

Establishment of the Labour Court.

10.—(1) There shall be a body, to be known as the Labour Court, to fulfil the functions assigned to it by this Act.

(2) F3[…]

F4[(3) Subject to subsection (3A) (inserted by section 75(1)(b) of the Workplace Relations Act 2015), the chairman shall—

(a) except in the case of a person reappointed to be chairman under subsection (3B) (inserted by that section), be appointed by the Minister from among persons in respect of whom a recommendation for the purposes of this section has been made by the Public Appointments Service consequent upon the holding of a competition in accordance with the Public Service Management (Recruitment and Appointments) Act 2004, and

(b) hold office subject to such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform determines.]

F5[(3A) The person who immediately before the commencement of section 75 of the Workplace Relations Act 2015 stood appointed as chairman shall, from such commencement, continue to be chairman for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.]

F6[(3B) The Minister may reappoint a person whose term of office as chairman expires by the efflux of time to be the chairman.]

F7[(4) (a) The Minister shall—

(i) in respect of each workers’ member, designate an organisation (in this section referred to as a ‘designated body’) representative of trade unions of workers to nominate persons for the purposes of this section, and

(ii) in respect of each employers’ member, designate a trade union (in this section also referred to as a ‘designated body’) of employers to nominate persons for the purposes of this section,

and each such designated body shall nominate 3 persons for those purposes.

(b) The Minister shall—

(i) from among persons nominated under this subsection by a designated body referred to in subparagraph (i) of paragraph (a) appoint a person to be a workers’ member of the Court, and

(ii) from among persons nominated under this subsection by a designated body referred to in subparagraph (ii) of paragraph (a) appoint a person to be an employers’ member of the Court.]

F8[(4A) (a) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as a workers’ member of the Court shall, from such commencement, continue to be a workers’member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(b) A person who, immediately before the commencement of section 75 of the Workplace Relations Act 2015, stood appointed as an employers’ member of the Court shall, from such commencement, continue to be an employers’ member of the Court for the unexpired period of the term of his appointment subject to the same terms and conditions as applied to his appointment immediately before such commencement.

(4B) (a) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as a workers’ member of the Court expires by the efflux of time to be a workers’ member of the Court.

(b) The Minister may, after consultation with the designated body concerned, reappoint a person whose term of office as an employers’ member of the Court expires by the efflux of time to be an employers’ member of the Court.

(4C) Where a person—

(a) appointed under subsection (4) to be a member of the Court,

(b) who continues to be a member of the Court by virtue of subsection (4A), or

(c) reappointed in accordance with subsection (4B) to be a member of the Court,

is, for whatever reason, unable to perform his functions as such member and the Minister is of the opinion that his inability to so perform his functions would unduly disrupt the performance by the Court or a division of the Court of its functions, a temporary vacancy in the membership of the Court shall be deemed to exist and the Minister may, after consultation with the designated body that nominated the person under that subsection, appoint a person to fill that temporary vacancy subject to such terms and conditions as the Minister shall determine.]

(5) If, when a particular appointment of workers’ members (or, in the event of a casual vacancy, a workers’ member) is to be made—

(a) more than one organisation representative of trade unions of workers is in being, and

(b) the Minister is of opinion that it is undesirable that the appointment should be made under subsection (4) of this section,

he may, by regulations, declare that the appointment, instead of being made under the said subsection (4), shall be made under this subsection, and thereupon the following provisions shall have effect—

(i) the Minister shall invite trade unions of workers and organisations representative of trade unions of workers to nominate persons for appointment, and

(ii) he shall make the appointment from amongst the persons so nominated.

(6) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the office of chairman or ordinary member of the Court.

(7) An ordinary member shall, unless he dies, resigns or is removed, hold office—

(a) if appointed under subsection (4) of this section, for such period, not exceeding five years, as shall be fixed by the Minister when appointing him,

(b) if appointed under subsection (5) of this section, for five years or, if the regulations, by virtue of which he was appointed, are sooner revoked or annulled, until such revocation or annulment.

(8) An ordinary member may be removed from office by the Minister for stated reasons but, if the organisation by which he was nominated is in being, only with the consent of that organisation.

(9) The chairman and the ordinary members shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines.

(10) The Chairman shall devote the whole of his time to the work of the Court.

(11) An ordinary member shall not hold the office of trustee, treasurer, secretary or any other office in, or be a member of any committee of, a trade union, or hold any office or employment which would prevent him from being at all times available for the work of the Court.

(12) A person shall not be appointed to be chairman or a member of the court unless he is ordinarily resident in the State.

Annotations:

Amendments:

Repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

Substituted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(a), S.I. No. 338 of 2015.

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(b), S.I. No. 338 of 2015.

Substituted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(c), S.I. No. 338 of 2015.

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 75(d), S.I. No 338 of 2015.

Editorial Notes:

Power pursuant to subs. (5) exercised (21.08.1956) by Labour Court (Appointment of Workers’ Members) Regulations 1956 (S.I. No. 231 of 1956).

E10

Power pursuant to subs. (5) exercised (7.07.1951) by Labour Court (Appointment of Workers’ Members) Regulations 1951 (S.I. No. 195 of 1951).

E11

Power pursuant to subs. (5) exercised (6.09.1946) by Labour Court (Appointment of First Workers’ Members) Regulations 1946 (S.I. No. 292 of 1946).

Divisions of the Court.

11.—F9[…]

Annotations:

Amendments:

Repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

Deputy Chairman

12.—F10[…]

Annotations:

Amendments:

F10

Repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

Registrar and officers and servants of the Court.

13.—(1) (a) The Minister shall appoint to be registrar of the Court a practising barrister or practising solicitor of not less than ten years’ standing.

(b) For the purposes of paragraph (a) of this subsection, service in a situation in the Civil Service, for appointment to which only barris ters and solicitors were eligible, shall be treated as practice as a barrister or solicitor.

(2) The Minister, after consultation with the Court and with the consent of the Minister for Finance, may appoint such officers and servants of the Court as he thinks necessary to assist the Court in the performance of its functions.

(3) The registrar, officers and servants of the Court shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

Technical assessors.

14.—(1) The Court may appoint technical assessors to assist it on any matter relating to proceedings before the Court.

(2) Technical assessors shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines.

Annotations:

Modifications (not altering text):

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Application of section extended (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 83(3)(a), S.I. No. 320 of 1999.

Appeals from the Director to the Labour Court.

83.— …

(3) The following enactments shall apply to an appeal under this section:

(a) section 14 of the Industrial Relations Act, 1946 (appointment of technical assessors); and

(b) section 21 of that Act and section 56 of the Industrial Relations Act, 1990 (summoning of witnesses etc.).

…

Editorial Notes:

E12

Previous affecting provision: application of section extended (1.01.1993) by Pensions Act 1990 (25/1990), s. 77(3)(c), S.I. No. 366 of 1992; substituted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22(1), S.I. No. 141 of 2004.

E13

Previous affecting provision: application of section extended (1.07.1977) by Employment Equality Act 1977 (16/1977), s. 21(3)(c), S.I. No. 176 of 1977. Employment Equality Act 1977 repealed (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 5(1), S.I. No. 320 of 1999, subject to transitional provisions in subs. (2).

Places for sittings of the Court and lodgment of documents.

15.—(1) The headquarters of the Court shall be at Dublin, but sittings of the Court may be held elsewhere in the State.

(2) The Court may designate suitable places at which documents for the Court may be lodged.

Conciliation officers.

16.—F11[…]

Annotations:

Amendments:

F11

Repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

Finality of decisions of the Court.

17.—No appeal shall lie from the decision of the Court on any matter within its jurisdiction to a court of law.

Annotations:

Modifications (not altering text):

Application of section restricted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 90, S.I. No. 320 of 1999.

Appeals and references from the Labour Court.

90.— …

(6) The provisions of this Part relating to appeals shall have effect notwithstanding section 17 of the Industrial Relations Act, 1946 (which prohibits appeals from the Labour Court).

C10

Application of section restricted (31.12.1975) by Anti-Discrimination (Pay) Act 1974 (15/1974), s. 10(5), commenced as per s. 13.

Provisions applying to dismissal because of equal pay claim.

10.— …

(5) A person to whom a direction is given in an order under subsection (1) may, notwithstanding section 17 of the Industrial Relations Act, 1946, appeal against the order to the judge of the Circuit Court in whose circuit the person carries on business.

Editorial Notes:

E14

Previous affecting provision: application of section restricted (1.07.1977) by Employment Equality Act 1977 (16/1977), s. 26(5), S.I. No. 176 of 1977. Employment Equality Act 1977 repealed (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 5(1), S.I. No. 320 of 1999, subject to transitional provisions in subs. (2)

E15

Previous affecting provision: application of section restricted (1.01.1993) by Pensions Act 1990 (25/1990), s. 81(5), S.I. No. 366 of 1992; substituted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22(1), S.I. No. 141 of 2004.

Seal of the Court.

18.—(1) The Court shall have an official seal which shall be judicially noticed.

(2) The seal of the Court shall, when affixed to any document, be authenticated by the signature of the chairman or the registrar of the Court or of a person authorised by the Court to authenticate it.

(3) Every document purporting to express an order, award or other decision of the Court and to be sealed with the seal of the Court authenticated in accordance with this section shall, unless the contrary is proved, be deemed to have been duly and lawfully so sealed and shall, unless as aforesaid, be received in evidence as such order, award or decision without further proof and, in particular, without proof of any signature affixed to such document for the purpose of such authentication and without proof of the office or authority of the person whose signature such signature purports to be.

Proof of orders of the Court.

19.—(1) Section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to every order of the Court.

(2) Subsection (1) of section 6 of the Documentary Evidence Act, 1925, is hereby amended by adding to the official documents mentioned in that subsection orders of the Court, and the said section 6 shall have effect accordingly.

Procedure of the Court.

20.—(1) Subject to section 11 of this Act and subsection (2) of this section, the quorum for a meeting or sitting of the Court shall be five.

(2) The chairman may direct that, for the consideration of a particular matter, the Court shall consist of the chairman and two ordinary members selected by him, namely, a workers’ member and an employers’ member, and, if the chairman so directs, no other member shall act as a member of the Court in respect of that matter.

(3) Where—

(a) any question arises under this Act at a meeting or sitting of the Court, and

(b) the members of the Court are unable to agree upon the determination of the question,

the following provisions shall have effect—

(i) if the majority of the ordinary members agree upon the determination of the question, the question shall be determined accordingly,

(ii) if a majority of the ordinary members do not agree, but a majority of all the members agree, the question shall be determined, accordingly,

(iii) otherwise, the question shall be determined in accordance with the opinion of the chairman.

(4) The decision of the Court shall be pronounced by the chairman or such other member as the chairman shall authorise for the purpose, and no other opinion, whether assenting or dissenting, shall be pronounced nor shall the existence of any such other opinion be disclosed.

(5) Subject to this section, the Court may make rules for the regulation of its proceedings.

F12[(5A) Without prejudice to the generality of subsection (5), rules under that subsection may make provision in relation to any or all of the following matters:

(a) the bringing of appeals to the Court under Part 4 of the Workplace Relations Act 2015;

(b) the hearing of appeals by the Court under section 28 of that Act or the said Part 4;

(c) the times and places of hearings of such appeals;

(d) the representation of the parties at the hearing of such appeals;

(e) the notification and publication of decisions of the Labour Court on the hearing of such appeals;

(f) the giving of notice of appeal from decisions of adjudication officers;

(g) any matters consequential on, or incidental to, any of the foregoing matters.]

(6) Rules under this section may provide for the cases in which persons may appear before the Court by counsel or solicitor and, except as so provided, no person shall be entitled to appear by counsel or solicitor before the Court.

(7) The Court may hold any sitting or part of a sitting in private.

Annotations:

Amendments:

F12

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 50, S.I. No. 410 of 2015.

Power of Court to summon witnesses, etc.

21.—(1) F13[The Court may, for the purposes of any proceedings before it under this Act, the Unfair Dismissals Act 1977 or Part 4 of the Workplace Relations Act 2015, or any investigation under the Industrial Relations (Amendment) Act 2001, do all or any of the following things ]—

(a) summon witnesses to attend before it,

F14[(b) take evidence on oath and, for that purpose, cause to be administered oaths to persons attending as witnesses before it,]

(c) require any such witness to produce to the Court any document in his power or control.

(2) A witness before the Court shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3) If any person—

(a) on being duly summoned as a witness before the Court makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Court to be taken, or to produce any document in his power or control legally required by the Court to be produced by him, or to answer any question to which the Court may legally require an answer,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

F15[(4) A document purporting to be signed by the chairman or the registrar of the Labour Court stating that—

(a) a person named in the document was, by summons under subsection (1), required to attend before the Labour Court on a day and at a time and place specified in the document, and

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

shall, in proceedings for an offence under this section, be evidence of the matters so stated unless the contrary is shown.]

F16[(5) A document purporting to be signed by the chairman or the registrar of the Court stating that—

(a) a person named in the document was, by summons under subsection (1), required to attend before the Court on a day and at a time and place specified in the document, and

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

shall, in proceedings for an offence under this section, be evidence of the matters so stated unless the contrary is shown.]

Annotations:

Amendments:

F13

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 74(a)(i), S.I. No. 410 of 2015.

F14

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 74(a)(ii), S.I. No. 410 of 2015.

F15

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 74(b), S.I. No. 410 of 2015.

F16

Inserted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 12(1), commenced by S.I. No. 410 of 2015 as per subs. (2).

Modifications (not altering text):

C11

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

C12

Application of section modified (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 8(3), commenced on enactment.

Hearings, and giving of opinions, by Labour Court.

8.— …

(3) For the purposes of this Part, section 21 of the Industrial Relations Act 1946 has effect as if in subsection (1) of that section “and under Part 2 of the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007” were inserted after “for the purposes of any proceedings before it under this Act”.

…

C13

Amount of fine in subs. (3) increased (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1 ref. no. 6, commenced on enactment.

Increase of fines.

4.—(1) A person convicted of an offence for which a penalty is provided in any enactment indicated in the First Schedule to this Act at any reference number shall, in lieu of the fine provided in that enactment, be liable to the fine specified in column (3) of that Schedule at that reference number, and that enactment shall be construed and have effect accordingly.

…

Application of subs. (2) extended (9.05.1977) by Unfair Dismissals Act 1977 (10/1977), s. 8(9), S.I. No. 138 of 1977, as amended (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 7(c), commenced as per s. 17(4).

Determination of claims for unfair dismissal.

8.— …

(9) Section 21 (2) of the Industrial Relations Act, 1946, shall apply in relation to all proceedings before the Tribunal as if the references in that section to the Labour Court were references to the Tribunal and subsection (17) of section 39 of the Redundancy Payments Act, 1967, shall apply in relation to proceedings before the Tribunal under this Act as it applies to matters referred to it under the said section 39 [with the substitution in paragraph (e) of the said subsection (17) of ’a fine not exceeding £1,000’ for ’a fine not exceeding twenty pounds’].

…

Editorial Notes:

E16

Previous affecting provision: subs. (1) amended (31.05.2001) by Industrial Relations (Amendment) Act 2001 (11/2001), s. 4, S.I. No. 232 of 2001; substituted as per F-note above.

E17

E18

E19

Previous affecting provision: application of section extended with modifications (2.09.1961) by Electricity (Temporary Provisions) Act 1961 (42/1961), s. 3(4), commenced as per s. 1(1). Duration of Act terminated (13.09.1961) by Electricity (Temporary Provisions) Act, 1961 (Termination) Order 1961 (S.I. No. 197 of 1961).

Prohibition on disclosure of information.

22.—The Court 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, without the consent of the trade union or persons concerned, nor shall any member of the Court or the registrar or any officer or servant of the Court or any person concerned in the proceedings, without such consent, disclose any such information.

Annotations:

Modifications (not altering text):

C15

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment. This section is listed in sch. 3 part 1.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

…

Reports, etc., by Court.

23.—(1) The Court shall, as soon as may be after the expiration of each year, make to F17[the Minister] a general report (in this section referred to as an annual report) of its proceedings under this Act during that year.

(2) F18[…]

(3) An annual report shall contain particulars, of each registered joint industrial council together with the name of the secretary of the council and the address of its principal office.

(4) A copy of each annual report shall be laid before each House of the Oireachtas.

(5) The Court shall furnish to the Minister a copy of each order, recommendation and award made by the Court under this Act as soon as may be after it is made.

Annotations:

Amendments:

F17

Substituted (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 15, commenced on enactment.

F18

Repealed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 7 and sch. 2, commenced on enactment.

Duty of Court to consider certain matters referred to it by the Minister.

24.—The Court shall consider any matter referred to it by the Minister concerning the employment conditions prevailing as regards the workers of any class and their employers and shall furnish a report thereon to the Minister together with such recommendations (if any) as it thinks proper, and the Minister shall consider any report and recommendation so made.

Annotations:

Editorial Notes:

E21

Previous affecting provision: application of section temporarily extended (15.12.1975) by Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1975 (27/1975), s. 3(1)(b)(ii), S.I. No. 305 of 1975. Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1975 expired (29.06.1976) as per Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act, 1975, (Expiration) Order 1976 (S.I. No. 137 of 1976).

Trade Disputes.

Annotations:

Amendments:

F52

Repealed (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 3, commenced on enactment.

Modifications (not altering text):

C42

Application of Part VI (ss. 66-72) modified (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 17(1), (3), commenced on enactment.

Extension of Definition of Worker

17.—(1) In Part VI of the Principal Act “worker” shall include any person who is—

(a) a servant of a local authority,

(b) an officer of a class specified in the schedule to the Industrial Relations Act, 1946 (Part VI, Extension) Order, 1956 (S.I. No. 92 of 1956),

(c) a servant of a vocational education committee,

(d) a servant of a committee of agriculture,

(e) a nurse employed by a mental hospital authority within the meaning of the Mental Treatment Acts, 1945 to 1966, or

(f) an officer of a public assistance authority whose duties relate mainly to home assistance within the meaning of the Public Assistance Act, 1939,

and such other persons as stand designated for the time being by the Minister for Finance.

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

(a) designate for the purposes of subsection (1) of this section 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) at the request of the persons concerned, cancel the designation of any persons under this subsection.

(3) The Government may by order amend the definition of “worker” in Part VI of the Principal Act and may by order revoke or amend any order under this section.

C43

Application of Part VI (ss. 66-72) modified (20.04.1956) by Industrial Relations Act, 1946 (Part VI, Extension) Order 1956 (S.I. No. 92 of 1956), art. 2 and sch.

2. The meaning of “worker” in Part VI of the Industrial Relations Act, 1946 (No. 26 of 1946), is hereby extended to include each class of officer of a local authority specified in the Schedule hereto.

SCHEDULE.

Wardsman

Mechanic

Wardsmaid

Machinery Attendant

Laboratory Attendant

Boiler Attendant

Cook

Foreman

Kitchen Maid

Artisan

Dairy Maid

Carter

Charwoman

Gardener

Laundress

Farmworker

Laundry Attendant

General Workman

Seamstress

Porter

Ambulance Driver

Caretaker

Motor Driver

Gatekeeper

Electrician

Messenger

Van Driver

Skilled Tradesma

Editorial Notes:

E150

Previous affecting provision: application of Part VI (ss. 66-72) modified (29.07.1955) by Industrial Relations (Amendment) Act 1955 (19/1955), s. 2, commenced on enactment; subsequently repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

“Worker” for the purposes of Part VI.

66.—F52[…]

Annotations:

Amendments:

F52

Repealed (18.05.1976) by Industrial Relations Act 1976 (15/1976), s. 3, commenced on enactment.

Power of Court to investigate trade dispute.

67.—F53[…]

Annotations:

Amendments:

F53

Repealed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 7 and sch. 2, commenced on enactment.

Editorial Notes:

E151

Previous affecting provision: subss. (1A) and (1B) inserted (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 18(1), commenced on enactment.

E152

Previous affecting provision: subs. (3) repealed (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 23 and sch., commenced on enactment.

E153

Previous affecting provision: application of section restricted (26.03.1968) by Electricity (Special Provisions) Act 1966 (13/1966), s. 4, S.I. No. 67 of 1968; revoked (2.04.1968) by S.I. No. 76 of 1968; repealed (27.05.1969) by Electricity (Special Provisions) (Repeal) Act 1969(12/1969), s. 1, commenced on enactment.

Recommendation by Court on trade dispute.

68.—F54[(1) The Court, having investigated a trade dispute, may make a recommendation setting forth its opinion on the merits of the dispute and the terms on which it should be settled.]

(2) The Court shall communicate a recommendation under this section to all the parties to the dispute and to such other persons as the Court thinks fit, and the Court may also publish the recommendation in such manner as it thinks fit.

Annotations:

Amendments:

F54

Substituted (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 19, commenced on enactment.

Modifications (not altering text):

C44

Application of Act potentially restricted (3.06.1969) by Industrial Relations Act 1969 (14/1969), s. 20, commenced on enactment.

Investigation of dispute by Court at request of parties.

20.—(1) Where the workers concerned in a trade dispute or their trade union or trade unions request or requests the Court to investigate the dispute and undertake or undertakes before the investigation to accept the recommendation of the Court under section 68 of the Principal Act in relation thereto then, notwithstanding anything contained in the Principal Act or in this Act, the Court shall investigate the dispute and shall make a recommendation under the said section 68 in relation thereto.

(2) Where the parties concerned in a trade dispute request the Court to investigate a specified issue or issues involved in the dispute and undertake, before the investigation, to accept the recommendation of the Court under the said section 68 in relation to such issue or issues then, notwithstanding anything in the Principal Act or in this Act, the Court shall investigate such issue or issues and shall make a recommendation under the said section 68 in relation thereto and, for the purposes of this subsection, subsection (1) of the said section 68 shall have effect as if the references therein to a trade dispute included references to an issue or issues involved in a trade dispute.

(3) Notwithstanding anything contained in section 8 (1) of this Act, an investigation under this section shall be conducted in private and shall be given such priority over the other business of the Court as the Court considers reasonable.

Mediation in trade dispute by conciliation officer.

69.—F55[…]

Annotations:

Amendments:

F55

Repealed (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 7 and sch. 2, commenced on enactment.

Reference of trade dispute to arbitration.

70.—Where a trade dispute has occurred or is apprehended, the Court, with the consent of all the parties concerned in the dispute, may refer the dispute to the arbitration of one or more persons (who shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines) or may itself arbitrate upon the dispute.

Annotations:

Modifications (not altering text):

C45

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Resolution Machinery

Industrial Relations Act 1946

Definitions generally.

Establishment of the Labour Court.

Registrar and officers and servants of the Court.

Technical assessors.

Places for sittings of the Court and lodgment of documents.

Finality of decisions of the Court.

Seal of the Court.

Proof of orders of the Court.

Procedure of the Court.

Power of Court to summon witnesses, etc.

Prohibition on disclosure of information.

Reports, etc., by Court.

Duty of Court to consider certain matters referred to it by the Minister.

Extension of Definition of Worker

Recommendation by Court on trade dispute.

Mediation in trade dispute by conciliation officer.

Reference of trade dispute to arbitration.

Legal Guide has a Better Version of this Article

Legal Blog Covers Tax and Regulation

Resolution Machinery

Industrial Relations Act 1946

Definitions generally.

Establishment of the Labour Court.

Registrar and officers and servants of the Court.

Technical assessors.

Places for sittings of the Court and lodgment of documents.

Finality of decisions of the Court.

Seal of the Court.

Proof of orders of the Court.

Procedure of the Court.

Power of Court to summon witnesses, etc.

Prohibition on disclosure of information.

Reports, etc., by Court.

Duty of Court to consider certain matters referred to it by the Minister.

Extension of Definition of Worker

Recommendation by Court on trade dispute.

Mediation in trade dispute by conciliation officer.

Reference of trade dispute to arbitration.

Legal Guide has a Better Version of this Article

Legal Blog Covers Tax and Regulation

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