PART IXTHE FAIR EMPLOYMENT TRIBUNAL

Other methods of dispute resolution

F1Conciliation before complaint to Tribunal: other Labour Relations Agency duties88ZB

1

This Article applies where—

a

a person contacts the Agency requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to a complaint being presented to the Tribunal under Article 38 against that person, and

b

the Agency has not received information from the prospective complainant under Article 88ZA(1).

2

This Article also applies where—

a

a person contacts the Agency requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to a complaint being presented to the Tribunal under Article 38 by that person, and

b

the requirement in Article 88ZA(1) would apply to that person but for Article 88ZA(7).

3

Where this Article applies a conciliation officer shall endeavour to promote a settlement between the persons who would be the complainant and the respondent if a complaint were presented to the Tribunal under Article 38.

4

If at any time—

a

the conciliation officer concludes that a settlement is not possible, or

b

a conciliation officer comes under the duty in Article 88ZA(3) to promote a settlement between the persons who would be the complainant and the respondent,

the duty in paragraph (3) ceases to apply at that time.

5

In paragraphs (3) and (4) “settlement” means a settlement that avoids a complaint being presented to the Tribunal under Article 38.