S.I. No. 114/1979 - Redundancy (Employment Appeals Tribunal) Regulations, 1979.

S.I. No. 114 of 1979.

REDUNDANCY (EMPLOYMENT APPEALS TRIBUNAL) REGULATIONS, 1979.

I, GENE FITZGERALD, Minister for Labour, in exercise of the powers conferred on me by section 39 (19) of the Redundancy Payments Act 1967 (No. 21 of 1967), hereby make the following Regulations:

1. These Regulations may be cited as the Redundancy (Employment Appeals Tribunal) Regulations, 1979.

2. The Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), are hereby amended—

( a ) by the substitution of the following paragraph for paragraph 3:

"Where a person (in these Regulations referred to as the appellant) desires to appeal under section 39 (15) of the Act to the Tribunal he shall give written notice of appeal to the Secretary of the Tribunal.",

( b ) by the substitution of the following paragraphs for paragraphs 5 and 6:—

"5. No appeal shall be entertained by the Tribunal unless the appropriate notice of appeal has been submitted to the Tribunal within 21 days after the receipt by the appellant of the decision which constitutes the subject of the appeal; provided that notice of appeal given after that period may, with the consent of the Tribunal, be accepted.

6. An appellant may withdraw an appeal to the Tribunal by sending notice of withdrawal to the Tribunal."

( c ) by the substitution of the following paragraph for paragraph 7 (1):—

"7 (1) In the case of an appeal against a decision of a deciding officer and in the case of an employer who is appealing against a decision given by the Minister in relation to a rebate, the Secretary of the Tribunal shall forward to the Minister the notice of appeal together with a copy of the statement by the appellant required under paragraph 4, and the Minister shall, as soon as may be after receipt by him of such copy appeal and statement, cause to be furnished to the Secretary of the Tribunal a counter-statement given by or on behalf of the deciding officer or the Minister (as the case may be) showing to what extent the facts and contentions advanced by the appellant are admitted or disputed.''

( d ) by the substitution of the following paragraph for paragraph 8:

"8. In the case of an employee who is appealing against a decision given by an employer under the Redundancy Payments Acts, 1967 to 1979, the Secretary of the Tribunal shall on receipt of the notice of appeal forward to the employer concerned (in these Regulations referred to as "the respondent") a copy of the notice of appeal and of the statement by the appellant required under paragraph 4.''

( e ) by the insertion of the following paragraph after paragraph 20:

"20A. (1) Subject to subparagraph (2), the Tribunal may, at its discretion, award to a person appearing before it and whose attendance is deemed essential by the Tribunal such sum in respect of expenses for loss of remunerative time as it considers reasonable.

(2) The Tribunal shall not make an award under subparagraph (1) in respect of the attendance before the Tribunal of—

( a ) asppellant or respondents,

( b ) any of the following persons appearing in a representative capacity—counsel, solicitors, officials of a trade union, officials of an employer's association.

(3) A sum awarded under subparagraph (1) shall be paid out of the Redundancy Fund.''

( f ) by the insertion of the following paragraph after paragraph 23:

"23A. The Tribunal may consider and decide any appeal duly made to it notwithstanding the failure or neglect or any person to comply with any requirement of these Regulations.".

3. The Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations 1969 ( S.I. No. 26 of 1969 ) are hereby revoked.

GIVEN under my Official Seal, this 5 day of April, 1979.

GENE FITZGERALD.

Minister for Labour.

EXPLANATORY NOTE.

These regulations amend the procedure to be followed in relation to the submission and hearing of appeals against decisions under the Redundancy Payments Acts 1967 to 1979. They also provide for the award by the Employment Appeals Tribunal of expenses in respect of loss of remunerative time to essential witnesses (other than appellants, respondents or their representatives) appearing before it.