Employment Equality Act, 1998

Appeals and references from the Labour Court.

90.—(1) Not later than 42 days, or such longer period as the Circuit Court may allow, from the date of a determination of the Labour Court under section 79 , the complainant or the respondent may appeal against the determination to the Circuit Court.

(2) On an appeal under subsection (1), the Circuit Court may order any form of redress for which provision could have been made by the determination appealed against (substituting the discretion of the Circuit Court for the discretion of the Labour Court) and, subject to any appeal to the High Court on a point of law, the decision of the Circuit Court on an appeal under subsection (1) shall be final and conclusive.

(3) Where a determination is made by the Labour Court under section 79 or on an appeal under this Part, either of the parties may appeal to the High Court on a point of law.

(4) During the investigation of a case by the Labour Court under section 79 or in the course of an appeal to it under this Part, the Labour Court may—

(a) refer to the High Court a point of law arising in the course of the investigation or appeal, and

(b) adjourn the investigation or appeal (if it thinks it appropriate) pending the outcome of the reference.

(5) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the respondent ordinarily resides or carries on any profession, business or occupation.

(6) The provisions of this Part relating to appeals shall have effect notwithstanding section 17 of the Industrial Relations Act, 1946 (which prohibits appeals from the Labour Court).