Industrial Relations (Miscellaneous Provisions) Act 2004
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Appeals to Court. |
10.—(1) A party concerned may appeal to the Court from a decision of a rights commissioner under section 9 and if the party does so, the Court shall— | |
(a) give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, | ||
(b) make a determination in writing in relation to the appeal affirming, varying or setting aside the decision, and | ||
(c) communicate the determination to the parties. | ||
(2) An appeal under this section shall be initiated by the party concerned giving a notice in writing to the Court containing such particulars as are determined by the Court under subsection (4) and stating the intention of the party concerned to appeal against the decision. Such a notice in writing shall be given within 6 weeks of the date on which the decision to which it relates was communicated to the party or such greater period as the Court may determine in the particular circumstances. | ||
(3) A copy of a notice under subsection (2) shall be given by the Court to the other party or parties concerned as soon as may be after the receipt of the notice by the Court. | ||
(4) The following matters, or the procedures to be followed in relation to them, shall be determined by the Court, namely— | ||
(a) the procedure in relation to all matters concerning the initiation and the hearing by the Court of appeals under this section, | ||
(b) the times and places of hearings of such appeals, | ||
(c) the representation of the parties to such appeals, | ||
(d) the publication and notification of determinations of the Court, | ||
(e) the particulars to be contained in a notice under subsection (2), | ||
(f) any matters consequential on, or incidental to, the foregoing matters. |