S.I. No. 357/1981 - Maternity Protection (Disputes and Appeals) Regulations, 1981.

I, LIAM KAVANAGH, Minister for Labour, in exercise of the powers conferred on me by section 27 (4) of the Maternity Protection of Employees Act, 1981 (No. 2 of 1981), and after compliance with section 4 (5) of that Act, hereby make the following Regulations:

1. These Regulations may be cited as the Maternity Protection (Disputes and Appeals) Regulations, 1981, and shall come into operation on the 23rd day of October, 1981.

2. In these Regulations—

“the Act” means the Maternity Protection of Employees Act, 1981 (No. 2 of 1981);

“the Act of 1977” means the Unfair Dismissals Act, 1977 (No. 10 of 1977);

“appeal” means an appeal under section 9 of the Act of 1977 (as applied by section 27 of the Act) in relation to a dispute;

“dispute” means a dispute under section 27 of the Act;

“employee” means an employee to whom section 27 of the Act, as modified by Regulations 4 and 5 of these Regulations, applies;

“employer” includes the successor within the meaning assigned to it by section 20 of the Act or an associated employer, and for the purposes of these Regulations sections 1 and 2 (1) of the Act of 1977 shall be construed accordingly;

“the Register” means the Register of Maternity Protection Determinations provided for by Regulation 12 of these Regulations;

“the Tribunal” means the Employment Appeals Tribunal.

3. Section 1 of the Act of 1977 shall be construed as if, after “the Redundancy Payments Act, 1971 ” in the definition of “redundancy”, there were inserted “and the reference to redundancy in section 26 (2) of the Maternity Protection of Employees Act, 1981 , shall be construed accordingly”.

4. Section 2 of the Act of 1977 shall not be construed as preventing sections 6 (2) (f) and 6 (2) (g) of that Act from applying to an employee within the meaning of these Regulations.

5. Section 2 (1) (a) of the Act of 1977 (which specifies persons in relation to whom that Act does not apply) shall, for the purposes of section 27 of the Act, be construed as if the requirement of one year's continuous service with the employer does not apply to an employee who is a party to a dispute or appeal.

6. Section 8 (4) (a) of the Act of 1977 shall, for the purposes of section 27 of the Act, be construed as if “refer the dispute to” were substituted for “bring the claim before”, and section 27 (3) (b) of the Act shall be construed accordingly.

7. (1) A dispute arising within 156 weeks of the date of confinement of the employee concerned may be referred to the Tribunal by a notice in writing given to the Tribunal within six months of the commencement of the dispute by a party to the dispute.

(2) As soon as possible after a notice under paragraph (1) of this Regulation has been given to the Tribunal a copy of the notice shall be given, by or on behalf of the party who gave the notice, to the other party to the dispute.

(3) An appeal to the Tribunal from a recommendation of a rights commissioner in relation to a dispute shall be initiated by a party to a dispute giving, within six weeks of the date on which the recommendation was given to that party, a notice in writing to the Tribunal indicating that party's intention to appeal against the recommendation, and a copy of the notice shall be given by that party to the other party to the dispute within that six-week period.

(4) A notice under this Regulation shall specify—

(a) the name and address of the party to the dispute referring the dispute or bringing the appeal,

(b) the name and address of the other party to the dispute or appeal, and

(c) particulars of the facts or contentions which the party referring the dispute or bringing the appeal will put forward at the hearing.

(5) A mistake of a formal nature shall not operate to invalidate a notice under this Regulation.

(6) The time-limit or time-limits referred to in paragraph (1) or (3) of this Regulation shall not operate so as to prevent the referral of a dispute or the bringing of an appeal to the Tribunal in any case where, in the opinion of the Tribunal, sufficient evidence is tendered as to the reason or reasons for non-compliance with such a time-limit or time-limits.

(7) (a) A dispute arising within 156 weeks of the date of confinement of the employee concerned may be referred to a rights commissioner within six months of the commencement of the dispute by a party to the dispute.

(7) (b) The time-limit or time-limits referred to in subparagraph (a) of this paragraph shall not operate so as to prevent the referral of a dispute to a rights commissioner in any case where, in the opinion of that rights commissioner, sufficient evidence is tendered as to the reason or reasons for non-compliance with such a time-limit or time-limits.

8. A referral under Regulation 7 of these Regulations or an appeal may be withdrawn by giving a written notification to that effect to the Tribunal.

9. (1) A party to a dispute or appeal who receives a copy of a notice under Regulation 7 of these Regulations and who intends to contest the dispute or appeal shall give to the Tribunal, within 14 days of the receipt by him of the copy of the notice, a notice in writing indicating that he intends to contest the dispute or appeal and specifying the facts or contentions which he will put forward at the hearing by the Tribunal.

(2) A party to a dispute or appeal who does not give a notice under paragraph (1) of this Regulation shall not be entitled to take part in or be present or represented at any proceedings before the Tribunal in relation to the dispute or appeal unless the Tribunal at its discretion otherwise decides.

(3) A party to a dispute or appeal may, before the expiration of the period referred to in paragraphs (1) of this Regulation, apply, by giving to the Tribunal a notice in writing containing the reasons for his application, for an extension of that period and the Tribunal may make such decision relating to the application as it thinks just.

10. Where the Tribunal receives a notice referred to in Regulations 7 (1), 7 (3), 9 (1) or 9 (3) of these Regulations or a notification under Regulation 8 of these Regulations, the Tribunal shall duly cause a copy of the notice or notification to be given to the other party concerned.

11. The chairman of the Tribunal may, by certificate under his hand, correct any mistake (including an omission) of a verbal or formal nature in a determination of the Tribunal in relation to a dispute or appeal.

12. (1) The Tribunal shall maintain a register, to be known as the Register of Maternity Protection Determinations (and referred to in this Regulation as “the Register”), and shall cause to be entered in the Register particulars of every determination by the Tribunal under section 27 of the Act.

(2) The Register may be inspected free of charge by any person during normal office hours.

(3) Where the chairman of the Tribunal makes a correction pursuant to Regulation 11 of these Regulations particulars of the correction shall be entered in the Register.

(4) A copy of an entry in the Register shall be duly given to the parties concerned.

13. (1) Any notice or notification required by these Regulations to be given to the Tribunal may be sent by registered post addressed to the Secretary, Employment Appeals Tribunal, Dublin 4.

(2) Any document required by these Regulations to be given to a party to a dispute may be sent by registered post addressed to the party—

(a) in case his address is specified in a notice under Regulation 7 of these Regulations, at that address,

(b) in the case of a body corporate whose address is not so specified, at its registered office,

and

(c) in any other case, at his known place of residence or at a place where he works or carries on business.

(3) Any document required by these Regulations to be sent or given to a party to a dispute and sent or given to a person authorised to receive it by the person to whom it is required by these Regulations to be sent or given shall be taken for the purposes of these Regulatons to have been sent or given to that person.

14. Regulations 10 to 17 (2), 19, 20, 20A (inserted by the Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations, 1969 ( S.I. No. 26 of 1969 )), 23 and 24 of the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), shall, with any necessary modifications (and, in the case of the said Regulations 20 and 20A, with the modification that a sum awarded by the Tribunal under either such Regulation shall, in lieu of being paid out of the Fund referred to therein, be paid by the Minister for Labour with the consent of the Minister for Finance) apply in relation to a dispute, an appeal or proceedings in relation to a dispute or appeal as they apply in relation to appeals provided for by section 39 of the Redundancy Payments Act, 1967 (No. 21 of 1967).

15. Regulation 5 (2) of the Unfair Dismissals (Claims and Appeals) Regulations 1977 ( S.I. No. 286 of 1977 ), is hereby modified by the insertion after “in relation to the claim or appeal” of “unless the Tribunal at its discretion otherwise decides”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The central purpose of these Regulations is to prescribe the procedure to be followed in relation to the submission and hearing of disputes and appeals before the Employment Appeals Tribunal under the Maternity Protection of Employees Act, 1981 .