Industrial Relations Act, 1969

JurisdictionIreland
CitationIR No. 14/1969


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 29 July 2021


This Revised Act is an administrative consolidation of the Industrial Relations Act 1969. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including Workplace Relations (Miscellaneous Provisions) Act 2021 (Commencement) Order 2021 (S.I. No. 397 of 2021), made 28 July 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 29 July 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Industrial Relations Acts 1946 to 2019: this Act is one of a group of Acts included in this collective citation to be construed together as one (Industrial Relations (Amendment) Act 2019, s. 1(2)). The Acts in the group are:

Industrial Relations Act 1946 (26/1946)

Industrial Relations (Amendment) Act 1955 (19/1955) (repealed)

Industrial Relations Act 1969 (14/1969)

Industrial Relations Act 1976 (15/1976)

Industrial Relations Act 1990 (19/1990), other than Part II (ss. 8-22)

Industrial Relations (Amendment) Act 2001 (11/2001)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), in so far as it relates to the Industrial Relations Acts 1946 to 2001

Industrial Relations (Amendment) Act 2012 (32/2012) other than ss. 16, 17 and 18

Industrial Relations (Amendment) Act 2015 (27/2015) other than ss. 24, and 36 (collectively cited Industrial Relations Acts 1946 to 2015 and Part 3, other than s. 36, to be construed as one)

Industrial Relations (Amendment) Act 2019 (21/2019)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021)

Industrial Relations (Amendment) Act 2015 (27/2015)

National Minimum Wage (Low Page Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

Freedom of Information Act 2014 (30/2014)

Education and Training Boards Act 2013 (11/2013)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004)

Industrial Relations (Amendment) Act 2001 (11/2001)

National Minimum Wage Act 2000 (5/2000)

Employment Equality Act 1998 (32/1998)

Freedom of Information Act 1997 (13/1997)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Industrial Relations Act 1990 (19/1990)

Unfair Dismissals Act 1977 (10/1977)

Industrial Relations Act 1976 (15/1976)

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1975 (27/1975)

Regulation of Banks (Remuneration and Conditions of Employment) (Temporary Provisions) Act 1973 (12/1973)

Industrial Relations (Amendment) Act 1955 (19/1955)

Industrial Relations Act 1946 (26/1946)

All Acts up to and including Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Industrial Relations Act 1969 (Section 3A) Order 2015 (S.I. No. 344 of 2015)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993)

Labour Court (Members) Superannuation Scheme (Amendment) Scheme 1983 (S.I. No. 216 of 1983)

Labour Court (Members) Superannuation Scheme (Amendment) Scheme 1979 (S.I. No. 268 of 1979)

Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973)

All statutory instruments up to and including Workplace Relations (Miscellaneous Provisions) Act 2021 (Commencement) Order 2021 (S.I. No. 397 of 2021), made 28 July 2021, were considered in the preparation of this revision.


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 29 July 2021


ARRANGEMENT OF SECTIONS


Acts Referred to

Industrial Relations Act, 1946

1946, No. 26.

Civil Service Commissioners Act, 1956

1956, No, 45.

Civil Service Commissioners Act, 1956

1956, No. 46.

Civil Service Regulation Acts, 1958

1958, No. 34.

Local Government Act, 1941

1941, No. 23.

Civil Service Commissioners Act, 1956

1956, No. 45.

Civil Service Commissioners Act, 1956

1956, No. 46.

Civil Service Regulation Acts, 1958

1958, No. 34.

Public Assistance Act, 1939

1939, No. 27.

Civil Service Regulation Act, 1956

1956, No. 46.

Defence Act, 1954

1954, No. 18.

Electricity Supply Board (Superannuation) Act, 1942

1942, No. 17.

Electricity (Supply) (Amendment) Act, 1949

1949, No. 12.


Number 14 of 1969


INDUSTRIAL RELATIONS ACT 1969

REVISED

Updated to 29 July 2021


AN ACT TO AMEND AND EXTEND THE INDUSTRIAL RELATIONS ACT, 1946. [3rd June, 1969.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of collectively cited Industrial Relations Acts 1946 to 2012 restricted by Unfair Dismissals Act 1977 (10/1977), s. 8(10); as substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 14(1), commenced by S.I. No. 410 as per subs. (4).

[(10) (a) A dispute relating to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2012 if, in relation to the dismissal—

(i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced,

(ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act,

(iii) a decision has been made by the Labour Court in accordance with subsection (2) of section 8A affirming a decision (consisting of a dismissal of the claim concerned) of an adjudication officer under this Act, or

(iv) a decision has been made by the Labour Court in accordance with the said subsection (2) —

(I) setting aside a decision to which subparagraph (ii) applies, and

(II) not awarding any redress under section 7.

(b) An employee shall not be entitled to redress under this Act in respect of a dismissal if, in relation to the dismissal—

(i) a recommendation has been made by a rights commissioner or an adjudication officer under the Industrial Relations Acts 1946 to 2012, or

(ii) a hearing by the Labour Court under those Acts has commenced.]

C2

Application of collectively cited Industrial Relations Acts 1946 to 1990 restricted (31.05.2001) by Industrial Relations (Amendment) Act 2001 (11/2001), s. 2, S.I. No. 232 of 2001, as partly substituted (6.04.2004) by Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004), s. 2, S.I. No. 138 of 2004.

Investigation of dispute by Court.

2.—(1) Notwithstanding anything contained in the Industrial Relations Acts, 1946 to 1990, at the request of a trade union or excepted body, the Court may investigate a trade dispute where the Court is satisfied that—

[(a) it is not the practice of the employer to engage in collective bargaining negotiations in respect of the grade, group or category of workers who are party to the trade dispute and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute,

(b) either—

(i) the employer has failed to observe—

(I) a provision of the Code of Practice on Voluntary Dispute Resolution under section 42 of the Industrial Relations Act 1990 specifying the period of time for the doing of any thing (or such a provision of any code of practice amending...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT