Employment Equality Act, 1998

References by the Labour Court to the Director.

84.—(1) Where a case is referred to the Labour Court under section 77 and that Court considers that it would be assisted in making its determination by an investigation conducted by the Director, the Labour Court may refer all or any of the matters in issue in the case to the Director; and, where such a reference is made, the Director shall investigate the matters so referred and submit a report thereon to the Labour Court.

(2) Where an appeal is brought to the Labour Court under section 83 and it considers that its determination on the appeal would be assisted by the exercise of its powers under this subsection, the Labour Court may refer all or any of the matters in issue on the appeal to the Director for further investigation or, as appropriate, re-investigation; and, where such a reference is made, the Director shall conduct the further or new investigation of the matters so referred and submit a report thereon to the Labour Court.

(3) Where the Labour Court refers any matters to the Director under subsection (1) or (2)

(a) it may suspend, in whole or in part, or adjourn its investigation of the case in question or, as the case may be, its hearing of the appeal, pending the receipt of a report from the Director, and

(b) it shall take account of the Director's report on the matters referred in reaching its determination.

(4) Where, on an appeal under section 83 , the Labour Court determines that the decision of the Director which is in question should be set aside, it may, by its determination, also refer the matter in issue back to the Director for a new investigation and decision under section 79 .