(LRC Revised)

Number 4 of 2004

INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 February 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Industrial Relations (Miscellaneous Provisions) Act 2004

. 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 the

Consumer Insurance Contracts Act 2019

(53/2019), enacted 26 December 2019, and all statutory instruments up to and including

the

Industrial Relations (Amendment) Act 2019 (Commencement) Order 2020

(S.I. No. 24 of 2020), made 29 January 2020, 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

4

of

2004

INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 February 2020

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Amendment of section 2 of Act of 2001.

3.

Amendment of section 3 of Act of 2001.

4.

Amendment of section 10 of Act of 2001.

5.

Transitional provision.

6.

Limitation of application of section 2(1)(

d

) of Act of 2001.

7.

Priority for matters dealt with under Act of 2001.

8.

Prohibition on victimisation.

9.

Complaints of victimisation.

10.

[

Decision of Labour Court on appeal from decision referred to in

section 9

.

]

11.

Power of Court to administer oaths and compel witnesses.

12.

Referral to High Court.

13.

Enforcement by Circuit Court.

14.

Amendment of Industrial Relations Act 1990.

15.

Amendment of Protection of Employees (Employers' Insolvency) Act 1984.

16.

Repeal.

17.

Short title, collective citation, construction and commencement.

Acts Referred to

Bankruptcy Act 1988

1988, No. 27

Companies Act 1963

1963, No. 33

Companies Act 1990

1990, No. 33

Companies (Amendment) Act 1982

1982, No. 10

Industrial Relations Act 1990

1990, No. 19

Industrial Relations Acts 1946 to 2001

Industrial Relations (Amendment) Act 2001

2001, No. 11

Protection of Employees (Employers' Insolvency) Act 1984

1984, No. 21

Protection of Employees (Employers' Insolvency) Acts 1984 to 2001

Redundancy Payments Act 2003

2003, No. 14

Trade Union Act 1941

1941, No. 22

Trade Union Act 1942

1942, No. 23

Unfair Dismissals Acts 1977 to 2001

Number

4

of

2004

INDUSTRIAL RELATIONS (MISCELLANEOUS PROVISIONS) ACT 2004

REVISED

Updated to 1 February 2020

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR PROMOTING HARMONIOUS RELATIONS BETWEEN

WORKERS AND EMPLOYERS, TO AMEND AND EXTEND THE INDUSTRIAL RELATIONS ACTS 1946 TO 2001,

TO AMEND THE PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACT 1984, AND TO PROVIDE

FOR RELATED MATTERS.

[9

th March

2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Industrial Relations Acts

extended by

Industrial Relations Act 1990

(19/1990), s. 23(1)-(1D) and sch. 6, as inserted (1.02.2020) by

Industrial Relations (Amendment) Act 2019

(21/2019), ss. 3, 4, S.I. No. 24 of 2020.

“worker”

.

23.

—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means

[

a member of the Garda Síochána referred to in subsection (1A) and

]

any person aged 15 years or more who has entered into or works under

[

(or, where the employment has ceased, worked under)

]

a contract with an employer, whether the contract be for manual labour, clerical

work or otherwise, whether it be expressed or implied, oral or in writing, and whether

it be a contract of service or of apprenticeship or a contract personally to execute

any work or labour including, in particular, a psychiatric nurse employed by a health

board and any person designated for the time being under subsection (3) but does not

include—

[

(1A) For the purposes of subsection (1) and subject to subsections (1B), (1C) and

(1D), the Industrial Relations Acts 1946 to 2019 and this Part shall apply to a member

of the Garda Síochána.

(1B) Subject to subsections (1C) and (1D), for the purposes of subsections (1) and

(1A), references to all or any of the following, in relation to a member of the Garda

Síochána, shall be construed as follows

(

a

) a reference to an employer shall be read as a reference to the Garda Commissioner;

(

b

) a reference to a—

(i) contract of employment,

(ii) contract with an employer,

(iii) employment contract, or

(iv) any similar term,

shall be read as a reference to any enactment, Garda code, instrument, decision, circular,

instruction, any other document or any combination thereof that provides for or specifies

the terms and conditions on which that member of the Garda Síochána serves;

(

c

) a reference to a trade union shall be read as a reference to an association established

under and in accordance with section 18 of the Act of 2005;

(

d

) a reference to an employer organisation, a trade union of employers or an employer

association shall be read as a reference to the Garda Commissioner;

(

e

) without prejudice to

section 3

of the

Industrial Relations Act 1946

, a reference to a trade dispute shall be read as a reference to any dispute or difference

between members of the Garda Síochána and the Garda Commissioner that is connected with the appointment or non-appointment

of any such member, or with the terms and conditions on which such members serve,

and includes any such dispute or difference between retired members and the Garda

Commissioner.

(1C) (

a

) Nothing in

subsections (1)

,

(1A)

or

(1B)

shall affect the operation of section 18(3) of the Act of 2005.

(

b

) Nothing in

subsections (1)

,

(1A)

or

(1B)

shall operate to apply the Trade Union Acts 1871 to 1990 to the Garda Síochána and those subsections shall not apply to the interpretation of any terms used in

those Acts.

(1D) The enactments specified in column (3) of the

Sixth Schedule

shall not apply to a worker who is a member of the Garda Síochána to the extent specified in column (4) of that Schedule.

]

...

SIXTH SCHEDULE

Section 23(1D)

Enactments to which sections 23(1A) and 23(1B) shall not apply to members of the Garda

Síochána

Reference

(1)

Number and Year

(2)

Short Title

(3)

Extent of Disapplication

(4)

...

...

...

...

2.

No. 4 of 2004

Industrial Relations (Miscellaneous Provisions) Act 2004

The whole Act

...

...

...

...

C2

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)(f), commenced by S.I. No. 410 of 2015 as per subs. (4).

Determination of claims for unfair dismissal.

8.

— ...

[

(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.

]

...

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Industrial Relations Acts

extended by

Industrial Relations Act 1990

(19/1990), s. 23(1)-(1D) and sch. 6, as inserted (1.02.2020) by

Industrial Relations (Amendment) Act 2019

(21/2019), ss. 3, 4, S.I. No. 24 of 2020.

“worker”

.

23.

—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means

[

a member of the Garda Síochána referred to in subsection (1A) and

]

any person aged 15 years or more who has entered into or works under

[

(or, where the employment has ceased, worked under)

]

a contract with an employer, whether the contract be for manual labour, clerical

work or otherwise, whether it be expressed or implied, oral or in writing, and whether

it be a contract of service or of apprenticeship or a contract personally to execute

any work or labour including, in particular, a psychiatric nurse employed by a health

board and any person designated for the time being under subsection (3) but does not

include—

[

(1A) For the purposes of subsection (1) and subject to subsections (1B), (1C) and

(1D), the Industrial Relations Acts 1946 to 2019 and this Part shall apply to a member

of the Garda Síochána.

(1B) Subject to subsections (1C) and (1D), for the purposes of subsections (1) and

(1A), references to all or any of the following, in relation to a member of the Garda

Síochána, shall be construed as follows

(

a

) a reference to an employer shall be read as a reference to the Garda Commissioner;

(

b

) a reference to a—

(i) contract of employment,

(ii) contract with an employer,

(iii) employment contract, or

(iv) any similar term,

shall be read as a reference to any enactment, Garda code, instrument, decision, circular,

instruction, any other document or any combination thereof that provides for or specifies

the terms and conditions on which that member of the Garda Síochána serves;

(

c

) a reference to a trade union shall be read as a reference to an association established

under and in accordance with section 18 of the Act of 2005;

(

d

) a reference to an employer organisation, a trade union of employers or an employer

association shall be read as a reference to the Garda Commissioner;

(

e

) without prejudice to

section 3

of the

Industrial Relations Act 1946

, a reference to a trade dispute shall be read as a reference to any dispute or difference

between members of the Garda Síochána and the Garda Commissioner that is connected with the appointment or non-appointment

of any such member, or with the terms and conditions on which such members serve,

and includes any such dispute or difference between retired members and the Garda

Commissioner.

(1C) (

a

) Nothing in

subsections (1)

,

(1A)

or

(1B)

shall affect the operation of section 18(3) of the Act of 2005.

(

b

) Nothing in

subsections (1)

,

(1A)

or

(1B)

shall operate to apply the Trade Union Acts 1871 to 1990 to the Garda Síochána and those subsections shall not apply to the interpretation of any terms used in

those Acts.

(1D) The enactments specified in column (3) of the

Sixth Schedule

shall not apply to a worker who is a member of the Garda Síochána to the extent specified in column (4) of that Schedule.

]

...

SIXTH SCHEDULE

Section 23(1D)

Enactments to which sections 23(1A) and 23(1B) shall not apply to members of the Garda

Síochána

Reference

(1)

Number and Year

(2)

Short Title

(3)

Extent of Disapplication

(4)

...

...

...

...

2.

No. 4 of 2004

Industrial Relations (Miscellaneous Provisions) Act 2004

The whole Act

...

...

...

...

C2

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)(f), commenced by S.I. No. 410 of 2015 as per subs. (4).

Determination of claims for unfair dismissal.

8.

— ...

[

(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.

]

...

Section

1.

Interpretation.

2.

Amendment of section 2 of Act of 2001.

3.

Amendment of section 3 of Act of 2001.

4.

Amendment of section 10 of Act of 2001.

5.

Transitional provision.

6.

Limitation of application of section 2(1)(

d

) of Act of 2001.

7.

Priority for matters dealt with under Act of 2001.

8.

Prohibition on victimisation.

9.

Complaints of victimisation.

10.

[

Decision of Labour Court on appeal from decision referred to in

section 9

.

]

11.

Power of Court to administer oaths and compel witnesses.

12.

Referral to High Court.

13.

Enforcement by Circuit Court.

14.

Amendment of Industrial Relations Act 1990.

15.

Amendment of Protection of Employees (Employers' Insolvency) Act 1984.

16.

Repeal.

17.

Short title, collective citation, construction and commencement.