Employment Equality Act, 1998
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Supplementary | ||
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Alternative avenues of redress. |
101.—(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) If an individual has referred a case to the Director under section 77 (1) in respect of such a failure as is mentioned in subsection (1), and either a settlement has been reached by mediation or the Director has begun an investigation under section 79 , the individual shall not be entitled to recover damages at common law in respect of that failure. | ||
(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 (or to exercise, or continue to exercise, any other power) under this Part if, as a result of the dismissal— | ||
(a) the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun, | ||
(b) in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993, a rights commissioner has issued a recommendation in respect of the dismissal, or | ||
(c) the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal. | ||
(5) If an employee who has been dismissed has referred the case of the dismissal to the Labour Court under section 77 and either a settlement has been reached by mediation or the Labour Court has begun an investigation under section 79 — | ||
(a) the employee shall not be entitled, as a result of the dismissal, to recover damages at common law for wrongful dismissal, and | ||
(b) the employee 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. | ||
(6) The reference in subsection (5) to an investigation under section 79 does not include an investigation where— | ||
(a) after the reference of the case under section 77 , the Labour Court exercises its power under section 78 (2)(a), | ||
(b) subsequently the Labour Court issues a notice under section 78 (6), and | ||
(c) no application is made under section 78 (7)(b) for the resumption of the hearing of the case. |