Parental Leave Act, 1998

Reference of disputes to rights commissioner.

18.—(1) This Part does not apply to a member of the Defence Forces.

(2) Any dispute or difference between an employee and his or her employer relating to the entitlements of the employee under this Act (or to any matter arising out of or related to those entitlements or otherwise arising under this Act) other than a dispute or difference—

(a) relating to a dismissal from employment, including a dismissal within the meaning of the Unfair Dismissals Acts, 1977 to 1993,

(b) consisting of a question to which section 39 (15) of the Redundancy Payments Act, 1967 , applies, or

(c) a dispute to which section 11 of the Minimum Notice and Terms of Employment Act, 1973 , applies,

may be referred by either of those parties to a rights commissioner, and in the subsequent provisions of this Part “dispute” means a dispute or difference which is or may be referred as aforesaid.

(3) A rights commissioner shall hear the parties to a dispute and receive any relevant evidence tendered by either of them.

(4) A reference under subsection (2) shall be made by giving to a rights commissioner a notice in writing containing such particulars (if any) as may be prescribed and a copy of the notice shall be given by the commissioner to the other party to the dispute.

(5) A notice under subsection (4) shall be given as soon as reasonably may be after the occurrence of the dispute concerned and in any event not later than 6 months after the occurrence of the dispute.

(6) Proceedings before a rights commissioner under this section shall be conducted otherwise than in public.

(7) A rights commissioner shall furnish a copy of each decision made by him or her under this Part to the Tribunal.