S.I. No. 279/1994 - Circuit Court Rules (No. 2) 1994 (Unfair Dismissals Acts, 1977-1993 and Payment of Wages Act, 1991).

S.I. No. 279 of 1994.

CIRCUIT COURT RULES (NO. 2) 1994 (UNFAIR DISMISSALS ACTS, 1977-1993 AND PAYMENT OF WAGES ACT, 1991).

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

I concur in the making of the above Rules of Court.

Dated this 20th day of September, 1994.

S.I. No. 279 of 1994.

CIRCUIT COURT RULES, 1994 (UNFAIR DISMISSALS ACTS, 1977-1993 AND PAYMENT OF WAGES ACT, 1991 ).

1. These Rules, which may be cited as the Circuit Court Rules, 1994 (Unfair Dismissals Acts, 1977-1993 and Payment of Wages Act, 1991 ), shall come into operation on the 30th day of September, 1994.

2. The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

3. The Circuit Court Rules (No. 2), 1981 ( Unfair Dismissals Act, 1977 ) ( S.I. No. 316 of 1981 ) are hereby revoked.

Order 63.

UNFAIR DISMISSALS ACTS, 1977-1993 (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993).

Rule 1 Definition

1. In this Order, "the Acts" mean the Unfair Dismissals Acts, 1977-1993 (No. 10 of 1977, No. 5 of 1991 and No. 22 of 1993), "the Tribunal" means the Employment Appeals Tribunal, and "the Minister" means the Minister for Enterprise and Employment.

Rule 2 Transitional

2. All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Rule 3 Forms

3. All applications under Section 10 of the 1977 Act or under Section 11 of the 1993 Act whether by way of claim for redress by the Minister or by way of claim for enforcement by the Minister or by the employee concerned or by way of appeal from the Tribunal shall be brought in accordance with the forms in the Schedule of Forms annexed hereto, or such modifications thereof as may be appropriate.

Rule 4 Venue

4. Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

Rule 5 Service

5. All applications shall be served before filing, either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 10 of the Circuit Court Rules, 1950, as amended or, alternatively, where applicable, in accordance with Section 11 of the 1977 Act, or Section 7 of the Courts Act, 1964 , or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the Respondent before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such Solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered.

Rule 6 Date of Hearing (outside Dublin)

6. This Rule shall not apply to Dublin. Every application shall state the date of commencement of the Sittings at which it is intended that the application shall be listed for hearing, and shall be filed at the Office of the County Registrar by the applicant not later than twenty-one days before the commencement of such Sittings.

Rule 7 Date of Hearing (Dublin)

7. This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which it is desired that the application shall be listed for hearing and shall be filed by the Applicant at the Office of the County Registrar not later than twenty-one days before such date.

Rule 8 Notice to Tribunal

8. Notice of every application shall be given to the Tribunal. Such notice shall be effected before the filing of the application by the delivery of a copy of the application at, or by sending same by prepaid registered post to the Office of the Secretary of the Tribunal.

Rule 9 Filing

9. The application shall be filed within seven days of service thereof on the Respondent, or, if there be more than one Respondent, within seven days of service on the Respondent last served. There shall be filed with the application copies of the documents referred to in the following Rule. In default of such filing, a Respondent may himself file the same and thereupon or at any time thereafter, the Judge may make such Order as to him shall seem right.

Rule 10 Documents to be filed

10. The following documents shall be filed with the application—

( a ) a copy of the original Notice of Appeal to the Tribunal;

( b ) a copy of the Notice of Appearance;

( c ) a copy of the determination of the Tribunal;

( d ) the original letter from the Tribunal notifying the making of communication of the said determination and

( e ) a copy of any particulars provided by either party to the Tribunal.

Rule 11

11. Every application made by way of an appeal from a determination of the Tribunal shall contain a statement of the grounds upon which the Applicant intends to rely. If the Applicant wishes to appeal against part only of a determination of the Tribunal, the application shall clearly identify that part against which it is intended to appeal.

Rule 12 Signatures to Application

12. All applications shall be dated, and bear the name, address and description of the Applicant and shall be signed by his Solicitor, if any, or if none, by himself.

Rule 13 Further Particulars. Copies of Documents

13. Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the application, or to deliver copies of any documents referred to therein.

Rule 14 Oral evidence

14. Save by special leave of the Court or save as otherwise provided by the Acts, all applications under the Acts shall be heard upon oral evidence.

Rule 15 Costs

15. The Court may make such Order as to costs as may be appropriate, having regard to the provisions of Section 10 of the 1977 Act.

Rule 16 Access to Information

16. The Secretary of the Tribunal shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

ORDER 63A.

Rule 1 Definition

1. In this Order "the Act" means the Payment of Wages Act, 1991 (No. 25 of 1991), and "the Tribunal" means the Employment Appeals Tribunal and "Commissioner" means a rights commissioner.

Rule 2 Transitional

2. All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Rule 3 Forms and Content

3. Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal shall, pursuant to Section 8 of the Act, be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decision or determination which said Affidavit shall exhibit—

( a ) the original decision of the Commissioner or the original determination of the Tribunal

and

( b ) the original letter from the Commissioner or the Tribunal notifying the Applicant of the making of the said decision or determination.

Rule 4 Venue

4. Applications shall be brought in the County where the person in whose favour the decision or determination was made, ordinarily resides.

Rule 5 Notice

5. Notice of every application shall be given to the Tribunal and the Commissioner. Such notice shall be effected before filing of the application by the delivery of a copy of the application at, or by sending same by prepaid registered post to the Office of the Secretary of the Tribunal or the Office of the Secretary of the Labour Relations Commission, as appropriate.

Rule 6 Evidence

6. Save by special leave of the Court, all applications under Section 8 of the Act shall be heard upon Affidavit evidence only.

Rule 7 Costs

7. The Court may make such Order as to costs as may be appropriate.

Rule 8 Access to Information

8. The Secretary of the Tribunal and the Secretary of the Labour Relations Commission shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

SCHEDULE

Form One

TAKE NOTICE that the Minister for Enterprise and Employment having his office at ..................... ...............................in the County of ..................................... hereby applies to the Court sitting at .. in the County of ............................................................ .. pursuant to the provisions of (insert appropriate Act and section) on behalf of (insert name of employee) for redress under the Act and for the costs of the Application.

AND TAKE NOTICE that the Minister will rely upon the following matters in support of the application:

(1) The said (insert name of employee) is the employee of the Respondent for the purposes of the said Act.

(2) The Employment Appeals Tribunal/Circuit Court on the .................................... day of ........................... 19.............. has determined/ordered that the said employee be entitled to redress under the said Acts and accordingly ordered the Respondent to reinstate/re-engage/compensate (delete as appropriate) the said employee as by (insert brief details of the determination).

(3) The Respondent has failed to carry out the terms of the said determination/Order, which was communicated to the parties on the ....................................... day of ......................... 19............ .

AND TAKE NOTICE that the application will be listed for hearing by the Court on the .................... day of ........................... 19............ or on the first available day thereafter. (The words "or on the first available day thereafter" should be omitted where the application is made in Dublin.)

To: ............................................................ .............

............................................................ ....................

............................................................ ....................

The above named Respondent/Solicitor for Respondent

and

The Secretary, Employment Appeals Tribunal, Department of Enterprise and Employment, 65a Adelaide Road, Dublin 2.

Form Two

TAKE NOTICE that the above-named Applicant of ............................. in the County of .................................................... hereby applies to the Court sitting at .................................... in the County of ........................................................ pursuant to the provisions of (insert appropriate Act and section) for redress under the Act and for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the application:

(1) The said (insert name of Applicant) is the employee of the Respondent for the purposes of the said Act.

(2) The Employment Appeals Tribunal/Circuit Court on the .......................................... day of ................... 19.................. has determined/ordered that the Applicant be entitled to redress under the said Act and accordingly ordered the Respondent to reinstate/re-engage/compensate (delete as appropriate) the Applicant as by (insert brief details of the determination).

(3) The Respondent has failed to carry out the terms of the said determination/Order, which was communicated to the parties on the ......................................... day of ............................................. 19.....................

AND TAKE NOTICE that the application will be listed for hearing by the Court on the ................................... day of .......................... 19............ or on the first available day thereafter. (The words "or on the first available day thereafter" should be omitted where the application is made in Dublin.)

To: ............................................................ ........................

............................................................ ..............................

............................................................ ..............................

The above named Respondent/Solicitor for Respondent.

and

The Secretary, Employment Appeals Tribunal, Department of Enterprise and Employment, 65a Adelaide Road, Dublin 2.

Form Three

TAKE NOTICE that the above-named Appellant of ............................................................ ........ in the County of ........................................................ hereby applies to the Court sitting at ......................... in the County of ............................................................ .. pursuant to the provisions of (insert appropriate Act and section) by way of Appeal against the determination of the Employment Appeals Tribunal dated the .......... .............. day of .................................., 19.............. granting/refusing (delete where appropriate) the claim of the Appellant/Respondent (delete where appropriate) for redress under the said Act and for an Order providing for the costs of this application. The said determination of the Employment Appeals Tribunal was communicated to the Appellant on the ..................................... day of ............................. 19..................... .

AND TAKE NOTICE that the Appellant will rely upon the following matters in support of his Appeal: (Here insert grounds relied upon. If appeal is against part only of the determination, clearly identify that part against which an appeal is sought.)

AND TAKE NOTICE that the application will be listed for hearing by the Court on the ................................... day of .................................. 19............... or on the first available day thereafter. (The words "or on the first available day thereafter" should be omitted where the application is made in Dublin.)

To: ............................................................ ..........

............................................................ ................

............................................................ ................

The above named Respondent/Solicitor for Respondent.

and

The Secretary, Employment Appeals Tribunal, Department of Enterprise and Employment, 65a Adelaide Road, Dublin 2.

EXPLANATORY NOTE.

These Rules, which revoke Circuit Court Rules (No. 2), 1981, (S.I. No. 316, 1981), prescribe Circuit Court procedures in respect of applications brought under Section 10 of the Unfair Dismissals Act, 1977 , Section 11 of the Unfair Dismissals (Amendment) Act, 1993 and Section 8 of the Payment of Wages Act, 1991 .