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Amendment of section 79.
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35.—Section 79 (investigation by Director or Labour Court) of the Act of 1998 is amended—
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(a) by inserting the following subsection after subsection (1):
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“(1A) (a) Claims to have been discriminated against on more than one of the discriminatory grounds shall be investigated as a single case, and
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(b) claims both to have been discriminated against on one or more than one of such grounds and to have been penalised in circumstances amounting to victimisation may, in an appropriate case, be so investigated,
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but a decision shall be made on each of the claims.”,
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(b) by inserting the following subsection after subsection (3):
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“(3A) If, in a case which is referred to the Director under section 77, a question arises relating to the entitlement of any party to bring or contest proceedings under that section, including:
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(a) whether the complainant has complied with the statutory requirements relating to such referrals,
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(b) whether the discrimination or victimisation concerned occurred on or after 18 October 1999,
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(c) whether the complainant is an employee, or
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(d) any other related question of law or fact,
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the Director may direct that the question be investigated as a preliminary issue and shall proceed accordingly.”,
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(c) in subsection (6), by substituting—
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(i) “make a decision” for “issue a decision”, and
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(ii) “subsection (3) or (3A)” for “subsection (3)”,
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and
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(d) by adding the following subsection:
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“(7) Without prejudice to section 83, the complainant or respondent may appeal to the High Court on a point of law from a decision made by the Director under this section.”.
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