Employment Equality Act, 1998
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Striking out cases which are not pursued. |
102.—(1) Where— | |
(a) a case is referred to the Director under section 77 , | ||
(b) a matter is referred to the Director under section 85 , or | ||
(c) a collective agreement is referred to the Director under section 86 , and, at any time after the expiry of 1 year from the date of the reference, it appears to the Director that the complainant has not pursued, or has ceased to pursue, the reference, the Director may strike out the reference. | ||
(2) Where— | ||
(a) a case is referred to the Labour Court under section 77 , or | ||
(b) an appeal is brought to the Labour Court under this Part, | ||
and, at any time after the expiry of 1 year from the date of the reference or, as the case may be, the bringing of the appeal, it appears to the Labour Court that the complainant or, as the case may be, the appellant has not pursued, or has ceased to pursue, the matter, the Labour Court may strike out the reference or, as the case may be, the appeal. | ||
(3) As soon as practicable after striking out a reference, the Director or, as the case may be, the Labour Court shall give notice in writing to the complainant and the respondent or respondents. | ||
(4) As soon as practicable after striking out an appeal, the Labour Court shall give notice in writing to the appellant and the other party to the appeal. | ||
(5) Where a reference or appeal is struck out under this section, no further proceedings may be taken in relation to that reference or appeal; but nothing in this section prevents any person from making a further reference in relation to the same matters (subject to any applicable time limit). | ||
(6) In this section “the complainant”, “the respondent” and “the respondents” have the same meanings as in section 77 , 85 or 8 6 according to the nature of the reference concerned. |