Part VII, Section 104 · Employment Equality Act 1998

Contents

104Special provision as to Defence Forces.#

—(1) Save as provided for by section 77(10), nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the Director General of the Workplace Relations Commission or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part.

(2)If requested to do so by an officer, within the meaning of the Defence Act, 1954, who is authorised in that behalf, the Director General of the Workplace Relations Commission shall—

(a)investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the Director General of the Workplace Relations Commission under this Part or of proceedings before the Circuit Court under section 77(3), and

(b)make a recommendation in respect of that matter to the officer concerned.

(3)A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the Director General of the Workplace Relations Commission made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation.

(4)The Director General of the Workplace Relations Commission shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation.

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.