42. Codes of practice.
Amendments (requiring commencement) by s. 66 of the Workplace Relations Act 2015 (No. 16), published 20 May 2015.
(1) The Commission shall prepare draft codes of practice concerning industrial relations for submission to the Minister, either on its own initiative or at the request of the Minister.
(2) Before submitting a draft code of practice to the Minister, the Commission shall seek and consider the views of organisations representative of employers and organisations representative of workers, and such other bodies as the Commission considers appropriate.
(3) Where the Minister receives a draft code of practice from the Commission he may by order declare that the code, scheduled to the order, shall be a code of practice for the purposes of this Act.
(4) In any proceedings before a court, the Labour Court, the Commission, the Employment Appeals Tribunal, the Director of Equality Investigations or a rights commissioner, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
(5) A failure on the part of any person to observe any provision of a code of practice shall not of itself render him liable to any proceedings.