Equality Act 2004

Cesser of Labour Court jurisdiction to deal with claims for redress.

46.—(1) Subject to subsection (2) and section 83 of the Act of 1998, the Labour Court shall cease to have jurisdiction under Part VII of that Act in cases of dismissal in circumstances amounting to discrimination or victimisation, and accordingly the amendments set out in the Schedule to this Act shall have effect.

(2) A case which was referred to the Labour Court before the commencement of this section and which, but for subsection (1), would fall to be investigated by the Court under section 79(1) of the Act of 1998 shall—

(a) if, on the date of such commencement, the Court has not begun to investigate the case, be transferred by the Court to the Director as if it had been referred to him or her in the first instance, and the Employment Equality Acts 1998 and 2004 shall apply accordingly in relation to it, with any necessary modifications, and

(b) in any other case, be treated for all purposes as if subsection (1) had not been enacted.