Circuit Court Rules

ORDER 57

EMPLOYMENT

Unfair Dismissals Acts, 1977 to 2001

1. (1) In this rule —

‘the Acts’ mean the Unfair Dismissals Acts, 1977 to 2001;

‘the 1993 Act’ means the Unfair Dismissals (Amendment) Act, 1993;

‘the Minister’ means the Minister for Enterprise, Trade and Employment, and

‘the Tribunal’ means the Employment Appeals Tribunal.

(2) All appeals or applications for enforcement under section 11 of the 1993 Act shall be made by way of motion on notice which shall set out the grounds upon which the plaintiff is relying for the reliefs sought and shall, in the case of an application for enforcement of the determination of the Tribunal under section 11(3)(a) of the 1993 Act, indicate whether or not an appeal has been brought from the determination concerned and, if no such appeal has been brought, that the time for appeal has elapsed, or, if such appeal has been brought, the date upon which notice of appeal was given and evidence of abandonment thereof. Such applications shall be in accordance with Form 36A of the Schedule of Forms annexed hereto.

(3) Applications shall be brought in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(4) All applications shall be served no later than 10 days prior to the return date set out in the motion. Service upon the solicitor who is on record before the Tribunal as acting for the person named as the defendant in the application before the court of an application or other document shall be deemed to be good service upon the party for whom such solicitor acts. The motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the court.

[SI 132/09]

(5) 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.

(6) The following documents shall be filed with the application —

(I) in the case of an appeal under section 11(1) of the 1993 Act, the original letter or notice from the Tribunal communicating its determination or a certified copy thereof;

(II) in the case of an application under section 11(2)(b) of the 1993 Act, a certified copy of the order made on the appeal and an affidavit or statutory declaration as to the service of that order;

(III) in the case of an application under section 11(3)(a) of the 1993 Act —

(a) a certified copy of the original notice of appeal to the Tribunal;

(b) a certified copy of the determination of the Tribunal;

(c) the original letter or notice from the Tribunal communicating its determination or a certified copy thereof.

(7) If the plaintiff 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.

(8) All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, or, if none, by himself.

(9) 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.

(10) Save by special leave of the court or save as otherwise provided for by the Acts, all applications under the Acts shall be heard upon oral evidence.

(11) The court may make such order as to costs as may be appropriate, including an order measuring the costs.

[SI 312/07; SI 721/04]

Payment of Wages Act, 1991

2. (1) In this rule —

‘the Act’ means the Payment of Wages Act, 1991 (No 25 of 1991);

‘Commissioner’ means a rights commissioner and

‘the Tribunal’ means the Employment Appeals Tribunal.

(2) The provisions of these Rules which relate to the enforcement of an order of the court shall apply, with any necessary modifications, to any decision of a Commissioner, or a determination of the Tribunal, made in proceedings under the Act and any Form in the Appendices to these Rules which contains a reference to an order of the court may be adapted to refer to such a decision or determination.

[SI 312/07; SI 721/04]

Adoptive Leave Act, 1995

3. (1) In this rule —

‘the Act’ means the Adoptive Leave Act, 1995 (No 2 of 1995);

‘Commissioner’ means a rights commissioner;

‘the Minister’ means the Minister for Justice, Equality and Law Reform, and

‘the Tribunal’ means the Employment Appeals Tribunal.

(2) Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 39 of the Act, be made by way of motion on notice in accordance with Form 36C of the Schedule of Forms annexed hereto which shall set out the grounds upon which the plaintiff relies for the reliefs sought and shall have annexed thereto —

(a) a certified copy of the decision of the Commissioner or a certified copy of the determination of the Tribunal; and

(b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

(c) a copy notice of appeal, if applicable, and shall set out —

(i) all facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed, or, if such appeal has been brought, the date upon which notice of appeal was given and evidence of abandonment thereof.

(3) Applications shall, in accordance with section 39(4) of the Act, be brought in the county where the relevant employer ordinarily resides or carries on any profession, business or occupation.

(4) All applications shall be served no later than 10 days prior to the return date set out in the motion. Service upon the solicitor who is on record before the Tribunal as acting for the person named as the defendant in the application before the court of an application or other document shall be deemed to be good service upon the party for whom such solicitor acts. The motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the court.

[SI 132/09]

(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 the same by prepaid registered post to, the Office of the Secretary of the Tribunal or to the Rights Commissioner, Labour Relations Commission, as appropriate.

(6) Save by special leave of the court, all applications under section 39 of the Act shall only be heard upon oral evidence or as may be determined by the court.

(7) The court may make such order as to costs as may be appropriate including an order measuring the costs.

[SI 312/07; SI 721/04]

Organisation of Working Time Act, 1997

4. (1) In this rule —

‘the Act’ means the Organisation of Working Time Act, 1997 (No 20 of 1997),

‘a determination of the Labour Court’ shall be interpreted having regard to the provisions of section 29(2) of the Act, and

‘the Minister’ means the Minister for Enterprise, Trade and Employment.

(2) All applications under section 29 of the Act by way of claim for enforcement of determinations of the Labour Court by the Minister or by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member shall be made by way of motion on notice in accordance with Form 36D of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the plaintiff relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced, and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

(3) Applications shall be brought in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(4) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Labour Court no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(5) Save by special leave of the court, all applications under section 29 of the Act shall be heard upon oral evidence or as may be determined by the court.

(6) The court may make such order as to costs as may be appropriate including an order measuring the costs.

[SI 312/07; SI 721/04]

Parental Leave Act, 1998

5. (1) In this rule —

‘the Act’ means the Parental Leave Act, 1998 (No 30 of 1998);

‘Commissioner’ means a rights commissioner;

‘the Minister’ means the Minister for Justice, Equality and Law Reform, and

‘the Tribunal’ means the Employment Appeals Tribunal.

(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 application made or proceedings taken in accordance with these Rules.

(3) Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act, be made by way of motion on notice grounded upon affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said affidavit shall exhibit —

(a) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

(b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

(c) a copy notice of appeal, if applicable; and shall set out —

(i) all the facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed or, if such appeal has been brought, the date upon which notice of appeal was given and evidence of abandonment.

(4) Applications shall, in accordance with section 22(4) of the Act, be brought in the county where the relevant employer ordinarily resides or carries on any profession, business or occupation.

(5) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Tribunal and the Commissioner as appropriate no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(6) Save by special leave of the court, all applications under section 22 of the Act shall only be heard upon affidavit.

(7) The court may make such order as to costs as may be appropriate.

[SI 312/07; SI 721/04]

Employment Equality Acts, 1998 and 2004

6. (1) In this rule —

‘the Act’ means the Employment Equality Act, 1998 (No 21 of 1998);

‘the Authority’ means the Equality Authority as provided for at Part V of the Act;

a ‘certified copy’ of any decision, determination or other document shall mean a copy of the document concerned certified, as the case may be,

(a) by the employee concerned or with his consent, by a representative of any trade union of which he is a member,

(b) by the chief executive officer of the Equality Authority or an officer of the Equality Authority duly authorised in that regard,

(c) by the chairman or a deputy chairman of the Labour Court or by an officer of the Labour Court duly authorised in that regard,

(d) by the solicitor acting for a person mentioned in paragraph (a), (b) or (c), or

(e) on behalf of the Minister

as being a true copy thereof;

[SI 284/12]

‘the Director’ means the Director of the Equality Tribunal as provided for in section 75 of the Act;

‘the Minister’ means the Minister for Justice Equality and Law Reform;

‘equality officer’ shall be construed in accordance with section 75 of the Act.

(2) Applications served or proceedings taken under a provision of the Act before this rule 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 this rule.

(3) (a) Applications by the Authority for injunctive relief pursuant to section 10(5) of the Act shall be made by way of originating motion on notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him which said affidavit shall exhibit a certified copy or other reproduction of the publication, display or advertisement in question if appropriate, and shall set out —

(i) any facts relevant to the alleged contravention;

(ii) whether or not a contemporaneous reference has been made or is intended to be made to the Director pursuant to section 85 of the Act and if so, the date of such reference or intended reference;

(iii) any other relevant facts.

(b) Applications by the Authority for injunctive relief pursuant to section 65(1) of the Act shall be made by way of originating motion on notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said affidavit shall exhibit —

(I) a certified copy of the non-discrimination notice and, in the case of an appeal to the Labour Court, a certified copy of the determination of the Labour Court;

(II) proof of service of the non-discrimination notice in accordance with section 62 of the Act, and shall set out —

(i) the name, address and description of the person against whom the relief is sought;

(ii) whether or not there has been any appeal pursuant to section 63 of the Act and, if so, details of the determination of the Labour Court in respect thereof;

(iii) the type of discrimination alleged;

(iv) the date the non-discrimination notice came into operation;

(v) any facts relevant to the alleged discrimination, contravention or failure or the likelihood thereof or any alleged previous discrimination, contravention or failure;

(vi) any other relevant facts.

(c) Applications by the Authority for relief pursuant to section 72(1) of the Act shall be made by way of originating motion on notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said affidavit shall exhibit —

(I) a certified copy of the substantive notice and, in the case of an appeal to the Labour Court, a certified copy of the determination of the Labour Court;

(II) proof of service (including the date of service) of the substantive notice in accordance with section 70 of the Act, and shall set out —

(i) the name, address and description of the person against whom the relief is sought;

(ii) whether or not there has been any appeal pursuant to section 71 of the Act and, if so, details of the determination of the Labour Court in respect thereof;

(iii) all material facts relevant to compliance with section 70(3) and 70(4) of the Act;

(iv) the date the substantive notice came into operation;

(v) any facts relevant to the alleged failure to comply with the substantive notice; (vi) any other relevant facts.

(d) Applications by the Authority for relief pursuant to section 85(5) of the Act shall be made by way of originating motion on notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said affidavit shall exhibit a certified copy of the decision under section 79(6) of the Act, or where there has been an appeal, of the determination under section 83(4) of the Act; and shall set out —

(i) the name, address and description of the person against whom the relief is sought;

(ii) whether or not there is a likelihood of further discrimination or victimisation;

(iii) whether or not there is a likelihood of a further failure to comply with an equal remuneration term or equality clause;

(iv) whether or not there is a likelihood of a further publication or display in contravention of section 10 of the Act;

(v) whether not there is a likelihood of further procuring or attempting to procure as mentioned in section 85(1)(e) or (f) of the Act, by a person in relation to whom the decision was made, and of the type the subject of the decision;

(vi) the factual bases upon which any or all of the likelihoods aforementioned arise;

(vii) any other relevant facts.

(e) Applications by the Director or the Chairman of the Labour Court or an equality officer for relief pursuant to section 96(1) of the Act shall be made by way of originating motion on notice grounded upon affidavit sworn by the Director or the Chairman, as appropriate, or by an appropriate officer duly authorised by the Director or the Chairman, or by an equality officer which said affidavit shall, as appropriate, exhibit all documentation relating to directions, given under section 94(2)(b) or section 95(1) of the Act, or both of those provisions, as appropriate, and shall set out —

(i) the name, address and description of the person against whom the relief is sought;

(ii) the applicable requirements under section 94(2)(b) or section 95(1) of the Act, or both of those provisions, as appropriate;

(iii) the nature of the failure alleged;

(iv) any other relevant facts.

(f) Applications pursuant to this sub-rule, shall be served no later than 10 days prior to the return date set out in the motion.

[SI 132/09]

(4) (a) Applications under section 10(5) of the Act shall, in accordance with section 10(6) of the Act, be brought in the County where the person by whom the advertisement was published or displayed or caused to be published or displayed ordinarily resides or carries on any profession, business or occupation.

(b) Applications under section 65 of the Act shall in accordance with section 65(3) of the Act, be brought in the County where the person on whom the non-discrimination notice was served ordinarily resides or carries on any profession, business or occupation.

(c) Applications under section 72 of the Act shall, in accordance with section 72(2) of the Act, be brought in the County where the person on whom the substantive notice was served ordinarily resides or carries on any profession, business or occupation.

(d) Applications under section 85(5) of the Act shall, in accordance with section 85(6) of the Act, be brought in the County where the person specified in the Authority’s motion ordinarily resides or carries on any profession, business or occupation.

(e) Applications under section 91 of the Act shall, in accordance with section 91(8) of the Act, be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.

(f) Applications under section 96(1) of the Act shall, in accordance with section 96(4) of the Act, be brought in the County where the respondent ordinarily resides or carried on any profession, business or occupation.

(5) Save by special leave of the court, all applications under sections 10(5), 65(1), 72, 85(5) and 96(1) of the Act shall only be heard upon affidavit.

(6) (a) Applications for relief pursuant to section 77(3) of the Act shall be instituted by the issue of a civil bill to be known as an employment law civil bill in Form 2Q of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. For the purposes of such applications, the complainant shall be the plaintiff and the respondent shall be the defendant.

(b) …

[Deleted by SI 132/09]

(c) An employment law civil bill shall be dated and bear the name, address and description of the plaintiffs and shall be signed by the plaintiff’s solicitor, if any, or, if none, by himself and shall set out the redress sought by the plaintiff in accordance with section 82(3) of the Act.

(d) If the Defendant wishes to dispute wholly or in part the claim of the plaintiff, he shall within 10 days after service on him of the employment law civil bill enter an appearance and within a further 10 days thereafter deliver to the plaintiff and any other party a defence in accordance with Form 6A of the Schedule of Forms annexed hereto with such modifications thereof as may be appropriate in the circumstances.

(e) 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.

(f) Save by special leave of the court, all applications made under this sub-rule shall be heard on oral evidence.

(g) An application for extension of time under section 77(5)(b) of the Act shall be made ex parte by way of ex parte docket grounded on affidavit prior to the issuing of the employment law civil bill under this sub-rule which said affidavit shall set out the reasonable cause which prevented the plaintiff from complying with the time limits prescribed by section 77(5)(a) of the Act.

(7) (a) Applications under section 91 of the Act by way of claim for enforcement shall be made by way of originating motion on notice which shall set out the grounds upon which the plaintiff is relying for the reliefs sought. Such applications shall be in accordance with Form 36E of the Schedule of Forms annexed hereto.

(b) Applications pursuant to this sub-rule shall be served no later than 10 days prior to the return date set out in the motion. Service upon the solicitor who is on record before the Labour Court or the Director of the Equality Tribunal as acting for the person named as the defendant in the application before the court of an application or other document shall be deemed to be good service upon the party for whom such solicitor acts. The motion shall be listed for mention only on the return date set out therein at which a date for hearing shall be fixed by the court.

[SI 132/09]

(c) The following documents shall as appropriate, be annexed to the notice of motion —

(i) a certified copy of the determination of the Labour Court or of the decision of the Director with the date of the determination or decision thereon and of any letter of the Labour Court or the Director notifying the making of the determination or decision, or, in the case of a mediated settlement pursuant to section 78(5) of the Act, a certified copy of the written record of the settlement together with the date of such written record;

(ii) certified copies of all notices, pleadings, documents, particulars or written submissions provided by either party to the Labour Court or to the Director as appropriate;

[SI 284/12]

(iii) any other relevant documentation.

(d) Every application for enforcement shall contain details of the failure by the person affected to comply with the determination, decision or mediated settlement pursuant to section 78(5) of the Act as appropriate, and, if applicable, of the abandonment of an appeal.

(e) All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, and, if the plaintiff is not represented by a solicitor, by the plaintiff.

(f) 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.

(g) Save by special leave of the court or save as provided for by the Act, all applications under section 91 of the Act shall be heard upon oral evidence.

(8) Applications pursuant to section 94(4)(b) of the Act shall be made ex parte in the matter of the proceedings pursuant to section 77(3) of the Act grounded on affidavit, which said affidavit shall be sworn by the designated equality officer and shall set out the address of the dwelling in respect of which the search is sought and the basis upon which it is believed that there is in the said dwelling information which is material to the equality officer’s investigation. A copy of the order made pursuant to section 94(4)(b) together with a copy of the grounding affidavit shall be served at the time of the search of the dwelling.

(9) The court may make such order as to costs as may be appropriate.

[SI 275/06; SI 880/04; SI 721/04]

Protection of Employees (Part-Time Work) Act, 2001

7. (1) In this rule —

‘the Act’ means the Protection of Employees (Part-Time Work) Act, 2001 (No 45 of 2001);

‘a determination of the Labour Court’ shall be interpreted having regard to the provisions of section 18(2) of the Act, and ‘the Minister’ means the Minister for Enterprise, Trade and Employment.

(2) All applications under section 18 of the Act by way of claim for enforcement of determinations of the Labour Court by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member, or by the Minister shall be made by way of motion on notice in accordance with Form 36K of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the plaintiff relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

[SI 445/10]

(3) Applications shall be brought in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(4) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Labour Court no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(5) Save by special leave of the court, all applications under section 18 of the Act shall be heard upon oral evidence or as may be determined by the court.

(6) The court may make such order as to costs as may be appropriate including an order measuring the costs.

[SI 312/07; SI 721/04]

Carer’s Leave Act, 2001

8. (1) In this rule —

‘the Act’ means the Carer’s Leave Act, 2001 (No 19 of 2001);

‘Commissioner’ means a rights commissioner;

‘the Minister’ means the Minister for Justice, Equality and Law Reform, and

‘the Tribunal’ means the Employment Appeals Tribunal.

(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 application made or proceedings taken in accordance with these Rules.

(3) Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act, be made by way of motion on notice grounded upon affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said affidavit shall exhibit —

(a) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

(b) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the plaintiff with the aforementioned decision of the Commissioner or determination of the Tribunal;

(c) a copy notice of appeal, if applicable; and shall set out:

(i) all the facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed or, if such appeal has been brought, the date upon which notice of appeal was given and evidence of abandonment thereof.

(4) Applications shall, in accordance with section 22(4) of the Act, be brought in the county where the relevant employer ordinarily resides or carries on any profession, business or occupation.

(5) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Tribunal and the Commissioner as appropriate no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(6) Save by special leave of the court, all applications under section 22 of the Act shall only be heard upon affidavit.

(7) The court may make such order as to costs as may be appropriate.

[SI 387/05; SI 312/07]

Protection of Employees (Fixed-Term Work) Act, 2003

9. (1) In this rule —

‘the Act’ means the Protection of Employees (Fixed-Term Work) Act, 2003 (No 29 of 2003);

‘a determination of the Labour Court’ means a determination given by the Labour Court in accordance with section 15 of the Act, and

‘the Minister’ means the Minister for Enterprise, Trade and Employment.

(2) All applications under section 16 of the Act by way of claim for enforcement of determinations of the Labour Court by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member, or by the Minister shall be made by way of originating motion on notice in accordance with Form 36G of the Schedule of Forms with such amendments as are appropriate which shall set out the grounds upon which the applicant relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

(3) Applications shall be brought in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(4) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Labour Court no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(5) Save by special leave of the court, all applications under section 16 of the Act shall be heard upon oral evidence or as may be determined by the court.

(6) The court may make such order as to costs as may be appropriate including an order measuring the costs.

[SI 532/06]

National Minimum Wage Act, 2000

10. (1) In this rule —

‘the Act’ means the National Minimum Wage Act, 2000 (No 5 of 2000);

‘a determination of the Labour Court’ means a determination given by the Labour Court in accordance with section 29 or section 31 of the Act, and

‘the Minister’ means the Minister for Enterprise, Trade and Employment.

(2) All applications under section 32 of the Act by way of claim for enforcement of determinations of the Labour Court by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member, or by the Minister shall be made by way of originating motion on notice in accordance with Form 36H of the Schedule of Forms annexed hereto with such amendments as are appropriate which shall set out the grounds upon which the applicant relies for the reliefs sought and which shall have annexed thereto the original determination of the Labour Court or a certified copy of same, certified by the plaintiff employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the plaintiff.

(3) Applications shall be brought in the county where the employer concerned ordinarily resides or carries on any profession, business or occupation.

(4) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Labour Court no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(5) Save by special leave of the court, all applications under section 16 of the Act shall be heard upon oral evidence or as may be determined by the court.

(6) The court may make such order as to costs as may be appropriate including an order measuring the costs.

[SI 531/06]

Industrial Relations (Amendment) Act, 2001 and Industrial Relations (Miscellaneous Provisions) Act, 2004

11. (1) In this rule —

‘the Act of 2001’ means the Industrial Relations (Amendment) Act, 2001 (No 11 of 2001);

‘the Act of 2004’ means the Industrial Relations (Miscellaneous Provisions) Act, 2004 (No 4 of 2004);

‘a decision of a rights commissioner’ means a decision given by a rights commissioner in accordance with section 9(4) of the Act of 2004, and

‘a determination of the Labour Court’ means a determination made by the Labour Court in accordance with section 6 of the Act of 2001 or in accordance with section 10(1) of the Act of 2004.

(2) All applications by a trade union or excepted body under section 10 of the Act of 2001 (as amended by section 4 of the Act of 2004) for enforcement of a determination of the Labour Court and all applications by the employee concerned or, with the consent of the employee, by any trade union or excepted body of which the employee is a member, under section 13 of the Act of 2004, for enforcement of a decision of a rights commissioner or enforcement of a determination of the Labour Court shall be made by way of motion on notice in accordance with Form 36I of the Schedule of Forms. The notice shall name the applicant as plaintiff and the employer or employers in question as defendant. The notice shall set out the grounds upon which the plaintiff relies for the reliefs sought and shall have annexed thereto the original decision of the rights commissioner or the original determination of the Labour Court as the case may be, or a certified copy of same, certified by or on behalf of the plaintiff as being a true copy of the decision received from the rights commissioner or of the determination received from the Labour Court and sought to be enforced. The notice shall state the date on which the decision of the rights commissioner or the determination of the Labour Court was communicated to the plaintiff.

(3) Applications shall be brought in the county where the defendant or one of the defendants ordinarily resides or carries on any profession, trade or business, or in which the principal office of the defendant or one of the defendants is situate.

(4) Copies of the notice of motion, any grounding affidavit and any exhibits thereto shall be served on the employer or employers in question and delivered to the Labour Court no later than 10 days prior to the return date specified in the notice of motion.

[SI 132/09]

(5) Save by leave of the court, all applications under section 10 of the Act of 2001 and section 13 of the Act of 2004 shall be heard upon affidavit verifying the matters referred to in section 10(1) of the Act of 2001 or section 13(1) of the Act of 2004, as the case may be.

(6) The court may make such orders as to costs as it deems appropriate including an order measuring the costs.

[SI 12/07]

Applications for enforcement by the Court of certain decisions of rights commissioners and determinations of the Labour Court or Employment Appeals Tribunal

12. (1) In this Rule:

the ‘Act of 1994’ means the Terms of Employment (Information) Act, 1994 (No 5 of 1994);

‘application’ means an application to the Court under a relevant enforcement provision by:

(a) an employee (or in the case of an employee who is aged under 18 years, a parent or guardian of the employee, with his or her consent), or

(b) a trade union of which the employee is a member, with his or her consent, or

(c) a Minister, where so authorised by and in accordance with the relevant enforcement provision concerned,

by way of claim for an order directing a party to carry out a decision or determination in accordance with its terms;

‘decision’ means a decision of a rights commissioner which may be the subject of an application to the Court under a relevant enforcement provision for an order directing an employer or other person to carry out the decision in accordance with its terms;

‘determination’ means a determination of the Labour Court or, as the case may be, the Employment Appeals Tribunal which may be the subject of an application to the Court under a relevant enforcement provision for an order directing an employer or other person to carry out the determination in accordance with its terms;

‘enactment’ has the same meaning as in section 2 of the Interpretation Act, 2005 (No 23 of 2005);

‘relevant enforcement provision’ means any provision of an enactment, including the provisions of section 9 of the Act of 1994 as applied by any other enactment, which empowers the Court, without hearing an employer or other party in default or any evidence (other than as to the default or other failure concerned) to make an order directing an employer or other party in default to carry out a decision of a rights commissioner or a determination of the Labour Court or Employment Appeals Tribunal in accordance with its terms.

(2) An application shall be made by way of Motion on Notice in accordance with Form 36L of the Schedule of Forms, with such amendments as are appropriate. The Notice of Motion shall be entitled in the matter of the relevant enforcement provision concerned and shall set out the grounds upon which the applicant relies for the reliefs sought. The Notice of Motion shall also have annexed the original decision or determination concerned or a certified copy of same, certified by the applicant employee or on behalf of the applicant trade union or Minister as being a true copy of the decision received from the rights commissioner or, as the case may be, of the determination received from the Labour Court or the Employment Appeals Tribunal and shall state the date on which the decision or, as the case may be, the determination was communicated to the applicant.

(3) An application shall be brought in the County where the employer concerned ordinarily resides, carries on any profession, carries on any trade, carries on any business or carries on any occupation, as the enactment under which the application is brought may permit.

(4) Copies of the Notice of Motion, any grounding Affidavit and any exhibits thereto shall be served on the employer concerned and delivered to the rights commissioner concerned or, as the case may be, to the Labour Court or Employment Appeals Tribunal no later than 10 days prior to the return date specified in the Notice of Motion.

(5) Save by special leave of the Court, all applications shall be heard upon oral evidence or as may be determined by the Court.

(6) The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

[SI 151/12]

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