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Workplace Relations Act 2015 (No. 16)Introductory TextActs Referred toPart 1 Preliminary and general (ss. 1-8)1. Short title and commencement2. Interpretation3. Construction of references to employer and employee4. Regulations5. Expenses6. Service of documents7. Offences8. Repeals and RevocationsPart 2 Workplace Relations Commission (ss. 9-25)9. Establishment day10. Establishment of Commission11. Functions of Commission12. Director General of Workplace Relations Commission13. Resignation, removal or disqualification of Director General14. Functions of Director General15. Consultation by Director General with Board16. Delegation of functions of Director General17. Accountability of Director General to committees of Houses of Oireachtas18. Membership of either House of Oireachtas or European Parliament19. Acting Director General20. Codes of practice21. Strategy statement22. Work programme23. Reports to Minister24. Staff of Commission25. Registrar of CommissionPart 3 Enforcement (ss. 26-37)26. Inspectors27. Powers of inspectors28. Compliance notice29. Report of inspector admissible in evidence30. Inspection of employer's records pursuant to direction of Labour Court31. Disclosure of certain information32. Disclosure of information relating to offences33. Disclosure of certain information to or by contracting authority34. Administrative cooperation by Commission and official bodies35. Administrative cooperation with foreign statutory bodies on law enforcement matters36. Fixed payment notices37. Prosecution of offence under relevant enactmentsPart 4 Complaints and disputes (ss. 38-53A)38. Mediation officers39. Case resolution without reference to adjudication officer40. Adjudication officers41. Presentation of complaints and referral of disputes42. Dismissal of claim by adjudication officer43. Enforcement of decision of adjudication officer44. Appeal to Labour Court from decision of adjudication officer45. Enforcement of decision of Labour Court46. Appeal to High Court on point of law47. Disposal of complaints by written submissions only48. Striking out of cases that are not pursued49. Provisions relating to winding up and bankruptcy50. Amendment of section 20 of Act of 194651. Offence to fail or refuse to pay compensation52. Amendment of enactments53. Certain decisions and recommendations of rights commissioners appealable to Labour Court under section 4453A. Performance of functions of rights commissioners after commencement of this PartPart 5 Dissolution of Labour Relations Commission (ss. 54-62)54. Definition55. Dissolution day for purposes of this Part56. Dissolution of Labour Relations Commission57. Transfer of functions from Labour Relations Commission to Commission58. Transfer of property of Labour Relations Commission to Commission59. Transfer of rights and liabilities of Labour Relations Commission to Commission60. Liability for loss occurring before dissolution day61. Provisions consequent upon transfer of functions, property, rights and liabilities to Commission62. Final accounts and final annual report of Labour Relations CommissionPart 6 Dissolution of Employment Appeals Tribunal (ss. 63-70)63. Definition64. Dissolution day for purposes of this Part65. Dissolution of Employment Appeals Tribunal66. Transfer of functions from Employment Appeals Tribunal67. Transfer of property of Employment Appeals Tribunal to Labour Court68. Transfer of rights and liabilities of Employment Appeals Tribunal to Labour Court69. Liability for loss occurring before dissolution day70. Provisions consequent upon transfer of functions, property, rights and liabilitiesPart 7 Miscellaneous (ss. 71-86)71. Fees72. Forgery of documents73. Prohibition on unauthorised disclosure of confidential information74. Amendment of section 21 of Act of 194675. Amendment of section 10 of Act of 194676. Amendment of Act of 196777. Amendment of section 2 of Act of 196978. Certain functions of Labour Court performable by chairman or deputy chairman of Labour Court79. Amendment of section 4 of Act of 196980. Amendment of Act of 197781. Amendment of Protection of Employees (Employers' Insolvency) Act 198482. Amendment of Part VII of Pensions Act 199083. Amendment of Act of 199884. Amendment of Equal Status Act 200085. Amendment of section 5 of Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 200786. Other amendmentsSchedule 1 Employment EnactmentsSchedule 1, Part 1 Acts of the OireachtasSchedule 1, Part 2 Provisions of Acts of OireachtasSchedule 1, Part 3 Statutory InstrumentsSchedule 2 Repeals and RevocationsSchedule 2, Part 1 Acts of the OireachtasSchedule 2, Part 2 Statutory InstrumentsSchedule 3 Workplace Relations CommissionSchedule 4 Enactments specified for purposes of section 28Schedule 5 Provisions and enactments specified for purposes of Part 4Schedule 5, Part 1Schedule 5, Part 2Schedule 5, Part 3Schedule 6 Relevant redress provisionSchedule 6, Part 1 Decisions of adjudication officersSchedule 6, Part 2 Decisions of Labour CourtSchedule 7Schedule 7, Part 1 Amendment of Acts of the OireachtasSchedule 7, Part 2 Amendments of Statutory Instruments
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 July 2021 - onwards
Version 4 of 4

40. Adjudication officers

(1) Subject to subsection (2), the Minister may appoint -

(a) such and so many of the members of the staff of the Commission, and

(b) such and so many other persons,

as he or she considers appropriate to be an adjudication officer or adjudication officers for the purposes of this Act.

(1A) A person shall not be eligible for appointment under subsection (1) to be an adjudication officer where one or more of subparagraphs (i) to (iv) of subsection (6)(d) apply to the person.

(2) Subject to subsection (4) a person shall not be appointed under subsection (1)(b) to be an adjudication officer unless that person has been selected for the purpose of his or her being the subject of such an appointment following a competition conducted for that purpose.

(3)

(a) Any person who, immediately before the commencement of this Part, was a rights commissioner appointed under subsection (1) of section 13 of the Act of 1969 shall, upon and from such commencement, stand appointed to be an adjudication officer for the purposes of this Act.

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