S.I. No. 721/2004 - Circuit Court Rules (Protection of Employees (Part-Time Work) Act 2001) 2004

STATUTORY INSTRUMENTS.

S.I. No. 721 of 2004 .

CIRCUIT COURT RULES (PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001) 2004.

S.I. No. 721 of 2004 .

CIRCUIT COURT RULES (PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001) 2004.

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 (Supplement 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, Equality and Law Reform, make the annexed Rules of Court.

Dated this 8th day of October, 2003.

S.I. No. 721 of 2004 .

CIRCUIT COURT RULES (PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001) 2004.

1. These Rules, which may be cited as the Circuit Court Rules (Protection of Employees (Part-Time Work) Act 2001) 2004, shall come into operation on the 17th day of December 2004.

2. The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

Order 57 Rule 7 — Protection of Employees (Part-Time Work) Act 2001 (Protection of Employees (Part-Time Work) Act 2001) (No. 45 of 2001).

Rule One

1. In this Order “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.

Rule Two

2. All applications under Section 18 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 1 annexed hereto with such amendments as are appropriate which shall set out the grounds on 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 the 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 Applicant.

Rule Three

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

Rule Four

4. Notice of every application shall be given to the employer or employers in question and to the Labour Court by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any, no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers, personally in accordance with the provisions of Order 11 of these Rules, or by leaving a true copy of same at the employer's residence or place of business or by prepaid registered post to the employers residence or place of business and, in the case of the Labour Court, by leaving a true copy of same at the Labour Court.

Rule Five

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.

Rule Six

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

FORM 1

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT                                                   COUNTY OF

IN THE MATTER OF THE PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001 .

NOTICE OF MOTION FOR RELIEF UNDER SECTION 18 OF THE PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001 .

BETWEEN

Plaintiff

AND

Defendant

TAKE NOTICE that application will be made to the Court on the

or the next opportunity thereafter for the following reliefs:

[Here insert details of the relief sought by way of enforcement.]

AND FURTHER TAKE NOTICE that the said application will be grounded upon:

1. [Here insert grounds upon which the Applicant is relying for the reliefs sought to include all facts relevant to the alleged failure to carry out the decisions or determinations and 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 and, if such an appeal has been brought, the date upon which the Notice of Appeal was given and evidence of abandonment thereof.]

2. [Here insert basis of jurisdiction.]

3. [Here insert name, address and description of the Plaintiff.]

4. [Here insert the date on which the determination of the Labour Court was communicated to the Applicant.]

5. [The following documents must be annexed to this Notice of Motion namely the original determination of the Labour Court or a certified copy of same, certified by the Applicant 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.]

Dated this          day of                          20

Signed: Plaintiff/Solicitor for the Plaintiff

To:

Defendant/Solicitor for the Defendant

And

To: The Labour Court

And

To: The County Registrar

EXPLANATORY NOTE.

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

These Rules prescribe Circuit Court procedures in respect of applications brought under the Protection of Employees (Part-Time Work) Act 2001 .