Pensions Act, 1990

Investigation of disputes by Court.

77.—(1) A person concerned or (in the case of a reference under section 76 (2)) the Agency may appeal to the Court—

(a) against a recommendation under section 76 , or

(b) for a determination that such a recommendation has not been complied with.

(2) The Court shall hear and determine an appeal under this section and shall convey its determination—

(a) in the case of a reference under section 76 (1) to the parties to the dispute,

(b) in the case of a reference under section 76 (2) to the Agency and such person or persons as appear to the Court to be concerned.

(3) (a) A hearing under this section shall be held in private, but the Court may, if requested to do so by a party to the dispute or a person referred to in section 76 (2), hold the hearing in public.

(b) Where a hearing under this section is being held in public the Court may, if it is satisfied that any part of the hearing concerns a matter that should, in the interests of any party to the dispute, or of a person referred to in section 76 (2) be treated as confidential, hold that part of the hearing in private.

(c) Sections 14 and 21 of the Act of 1946 shall apply to an appeal under this section.

(d) An appeal under this section shall be lodged in the Court not later than 42 days after the date of the equality officer's recommendation and the notice shall specify the grounds of the appeal.

(4) Any information obtained by the Court in the course of an investigation or appeal under this Part as to any trade union or person or as to the business carried on by any person which is not available otherwise shall not be included in any recommendation or determination without the consent of the trade union or person concerned, nor shall any person concerned in proceedings before an equality officer or the Court disclose any such information without such consent.

(5) A party to a dispute determined by the Court under subsection (1) or, in the case of a determination in a matter referred to under section 76 (2), the Agency or any other person concerned may appeal to the High Court on a point of law.