Part VII, Section 101 · Employment Equality Act 1998

Contents

101Alternative avenues of redress.#

—(1) If an individual has instituted proceedings for damages at common law in respect of a failure, by an employer or any other person, to comply with an equal remuneration term or an equality clause, then, if the hearing of the case has begun, the individual may not seek redress (or exercise any other power) under this Part in respect of the failure to comply with the equal remuneration term or the equality clause, as the case may be.

(2)Where an individual has referred a case to the Director General of the Workplace Relations Commission under section 77(1) and either a settlement has been reached by mediation or the Director General of the Workplace Relations Commission has begun an investigation under section 79, the individual—

(a)shall not be entitled to recover damages at common law in respect of the case, and

(b)if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal , unless the Director General of the Workplace Relations Commission, having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and respondent.

(3)If an individual has referred a case to the Circuit Court under section 77(3) in respect of such a failure as is mentioned in subsection (1), the individual shall not be entitled to recover damages at common law in respect of that failure.

(4)An employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if—

(a)the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun, or

(b)an adjudication officer has made a decision to which subsection (1) of section 8 of the Unfair Dismissals Act 1977 applies in respect of the dismissal.

(c)the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.

(4A)(a) Where an employee refers—

(i)a case or claim under section 77, and

(ii)a claim for redress under the Act of 1977,to the Director General of the Workplace Relations Commission in respect of a dismissal, then, from the relevant date, the case or claim referred to in subparagraph (i) shall, in so far only as it relates to such dismissal, be deemed to have been withdrawn unless, before the relevant date, the employee withdraws the claim under the Act of 1977.

(b)In this subsection—"Act of 1977" means the Unfair Dismissals Act 1977;"dismissal" has the same meaning as it has in the Act of 1977;"relevant date" means such date as may be prescribed by, or determined in accordance with, regulations made by the Minister for Jobs, Enterprise and Innovation.

(5)Where the Director General of the Workplace Relations Commission issues a direction under subsection (2)(b), the resulting entitlement of the employee under that subsection is deemed to have effect from the date of the direction.

(6)The Department may decide to withdraw approval granted under paragraph (2)(a) and, if such a decision is taken, must serve on the approved person written notice of—

Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.