Employment Equality Act, 1998

Appeals from the Director to the Labour Court.

83.—(1) Not later than 42 days from the date of a decision of the Director under section 79 , the complainant or the respondent may appeal to the Labour Court by notice in writing specifying the grounds of the appeal.

(2) The Labour Court shall hear an appeal under this section in private unless, at the request of one of the parties, it determines to hold the appeal, or so much of it as it does not consider should be treated as confidential, in public.

(3) The following enactments shall apply to an appeal under this section:

(a) section 14 of the Industrial Relations Act, 1946 (appointment of technical assessors); and

(b) section 21 of that Act and section 56 of the Industrial Relations Act, 1990 (summoning of witnesses etc.).

(4) In its determination of an appeal under this section, the Labour Court may provide for any redress for which provision could have been made by the decision appealed against (substituting the discretion of the Labour Court for the discretion of the Director).

(5) If the Labour Court's determination of an appeal against a decision of the Director on a preliminary issue under section 79 (3) is in favour of the complainant, the case shall be referred back to the Director for an investigation of the substantive issue.

(6) Subject to subsection (2), the Minister, with the consent of the Minister for Enterprise, Trade and Employment, may by regulations specify—

(a) procedures to be followed by the Labour Court in conducting appeals under this section, and

(b) time limits applicable to such appeals, including procedures for extending those limits in certain circumstances,

but, before making any such regulations, the Minister shall consult the Labour Court, the Authority and the Director.