S.I. No. 244/1994 - Terms of Employment (Information) (Appeals and Complaints) Regulations, 1994.

S.I. No. 244 of 1994.

TERMS OF EMPLOYMENT (INFORMATION) (APPEALS AND COMPLAINTS) REGULATIONS, 1994.

I, RUAIRÍ QUINN, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 8 of the Terms of Employment (Information) Act, 1994 (No. 5 of 1994), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Terms of Employment (Information) (Appeals and Complaints) Regulations, 1994.

(2) These Regulations shall come into operation on the 2nd day of August, 1994.

2. In these Regulations—

"the Act" means the Terms of Employment (Information) Act, 1994 (No. 5 of 1994);

"appeal" means an appeal under section 8 (1) of the Act;

"complaint" means a complaint under section 8 (6) of the Act;

"the Minister" means the Minister for Enterprise and Employment;

"the Tribunal" means the Employment Appeals Tribunal.

3. A notice under subsection (2) or (6) of section 8 of the Act shall contain—

(a) the names, addresses and descriptions of the parties to the proceedings to which the appeal or complaint relates,

(b) the date of the recommendation to which the appeal or complaint, as the case may be, relates and the name of the rights commissioner who made the recommendation, and

(c) a brief outline of the grounds of the appeal or complaint, as the case may be.

4. An appeal or complaint may be withdrawn by giving a notification in writing signifying such withdrawal to the Tribunal.

5. (1) A party to an appeal or complaint under subsection (2) or (6) of section 8 of the Act who receives a notice thereof shall—

(a) if he or she intends to contest the appeal or be heard by the Tribunal at the hearing of the appeal,

(b) if he or she intends to contest the complaint or be heard by the Tribunal in relation to the matters referred to in section 8 (6) (a) of the Act,

enter an appearance to the appeal or the complaint, as the case may be, by giving a notice of appearance to the Tribunal within 14 days (or such longer period as the Tribunal may fix under paragraph (3) of this Regulation) of receipt by him or her of the said notice.

(2) A notice of appearance under this Regulation shall contain a brief outline of the grounds on which the appeal or complaint concerned will be contested by the person entering the appearance.

(3) A party to an appeal or complaint may, before the expiration of the period referred to in paragraph (1) of this Regulation, apply to the Tribunal, by notice in writing given to the Tribunal and containing a brief outline of the grounds for the application, for an extension of that period for entering an appearance to the appeal or complaint, as the case may be, and the Tribunal may, if it is satisfied that there are reasonable grounds for doing so, extend the time aforesaid by such period as it considers appropriate.

6. On receipt by the Tribunal of a notification under Regulation 4 of these Regulations or of a notice of appearance under Regulation 5 of these Regulations, the Tribunal shall cause a copy of the notice or notification, as the case may be, to be given to the other party concerned.

7. An error (including an omission) of a formal nature in a determination of the Tribunal may be corrected—

(a) in any case, by the chairman of the Tribunal, and

(b) in a case in which the determination concerned was made at a time when a vice-chairman was acting as chairman of the Tribunal, by the vice-chairman,

by a certificate signed by him or her.

8. (1) The Tribunal shall maintain a register, to be known as the Register of Terms of Employment (Information) Determinations (referred to subsequently in this Regulation as "the Register") and shall cause to be entered in the Register particulars of every determination of the Tribunal under section 8 of the Act.

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

(3) Particulars of any correction made under Regulation 7 of these Regulations shall be entered in the Register.

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

9. (1) A notice or notification under these Regulations or subsection (2) or (6) of section 8 of the Act may be given by sending it by registered post addressed to the Secretary, Employment Appeals Tribunal, Davitt House, 65A Adelaide Road, Dublin 2, and a notice or notification under these Regulations or a document under paragraph (b) of the said section 8 (2) may be given to any other person by sending it by registered post addressed to the person—

(a) in case his or her address is specified correctly in a notice referred to in Regulation 5 of these Regulations, at that address, and

(b) in any other case—

(i) if the person is a company (within the meaning of the Companies Act, 1963 ), at its registered office,

(ii) if the person is not a company (within the meaning aforesaid) at a place where the person resides or carries on a profession, business or occupation.

(2) Any such notice or notification or document aforesaid that is given to a person authorised to receive it by the person to whom it is required to be given by the Act or by these Regulations shall be deemed to have been given to the latter person.

10. Regulations 10 to 17 (2), 19, 20, 20A (inserted by the Redundancy (Employment Appeals Tribunal) Regulations, 1979 ( S.I. No. 114 of 1979 )), 23, 23A (inserted by the Redundancy (Employment Appeals Tribunal) Regulations, 1979) 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 of those Regulations shall, in lieu of being paid out of the Fund referred to therein, be paid by the Minister for Enterprise and Employment with the consent of the Minister for Finance) apply in relation to appeals and complaints under section 8 of the Act and proceedings in relation to such appeals or complaints as they apply in relation to appeals provided for by section 39 of the Redundancy Payments Act, 1967 (No. 21 of 1967), and proceedings in relation to such appeals.

GIVEN under my Official Seal, this 29th day of July, 1994.

RUAIRÍ QUINN,

Minister for Enterprise

and Employment.

EXPLANATORY NOTE.

These Regulations prescribe the procedures to be followed in relation to the submission and hearing of appeals and complaints before the Employment Appeals Tribunal under the Terms of Employment (Information) Act, 1994 .