Jack Wall (Kildare South, Labour)
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Question 960: To ask the Minister for Enterprise, Trade and Employment if a person can submit a claim to the Rights Commissioner and the Equality Tribunal at the same time and have both cases processed simultaneously or if there is a procedure that must be adhered to in regard to such cases; and if he will make a statement on the matter. [29472/06]

Tony Killeen (Clare, Fianna Fail)
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There are no specific provisions in industrial relations or employment rights legislation, under which a complaint can be referred to a Rights Commissioner, which prohibit the complaint also being heard by the Equality Tribunal.

However, there are a number of provisions in equality legislation that are relevant in this regard. While Ministerial responsibility for equality legislation lies with the Minister for Justice, Equality and Law Reform, I understand that Section 101(2)(b) of the Employment Equality Act 1998 (as amended by the Equality Act 2004) provides that where an individual has referred a dismissal case to the Director of the Equality Tribunal under section 77(1) of that Act and either a settlement has been reached by mediation or the Director has begun an investigation under section 79, an individual shall not be entitled to seek redress under the Unfair Dismissals Acts 1977 to 2005 in respect of the dismissal, unless the Director of the Equality Tribunal, having completed the investigation, and in an appropriate case, directs otherwise.

Section 101(4) of the Employment Equality Act 1998 (as amended by the Equality Act 2004) provides that an employee who has been dismissed shall not be entitled to seek redress under the Employment Equality Acts if a Rights Commissioner has issued a recommendation in respect of the dismissal under the Unfair Dismissals Acts.

Section 101A of the Employment Equality Act 1998 (which was inserted by the Equality Act 2004) provides that where the conduct of an employer constitutes both a contravention of Part III or IV of the Employment Equality Acts and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both the Employment Equality Act 1998 and either of these two employment protection Acts.

Information regarding procedures for the submission of complaints to the Rights Commissioner Service is available from the Labour Relations Commission website, www.lrc.ie. Information regarding procedures for the submission of complaints to the Equality Tribunal is available at www.equalitytribunal.ie.