Employment Equality Act, 1998

Special provision as to Defence Forces.

104.—(1) Save as provided for by section 77 (10), nothing in this Part shall enable a member of the Defence Forces to refer any case relating to employment as a member of the Defence Forces to the Director, the Labour Court or the Circuit Court or to exercise any other power conferred by the preceding provisions of this Part.

(2) If requested to do so by an officer, within the meaning of the Defence Act, 1954 , who is authorised in that behalf, the Director shall—

(a) investigate any matter which has been complained of in accordance with section 114 of that Act and which, apart from this section, would be a matter within the scope of an investigation by the Director or the Labour Court under this Part or of proceedings before the Circuit Court under section 77 (3), and

(b) make a recommendation in respect of that matter to the officer concerned.

(3) A recommendation under subsection (2)(b) shall be in writing and shall include a statement of the reasons why the Director made the recommendation and, in deciding what action is to be taken on the complaint, regard shall be had to the recommendation.

(4) The Director shall give a copy of any recommendation made under subsection (2)(b) to the member of the Defence Forces who made the complaint which gave rise to the recommendation.