S.I. No. 10/1979 - Circuit Court Rules (No. 1), 1979. (Unfair Dismissals Act, 1977).

S.I. No. 10 of 1979.

CIRCUIT COURT RULES (NO. 1), 1979. (Unfair Dismissals Act, 1977).

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 upon 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.

Dated this 20th day of November 1978.

Thomas J. Neylon

P. Noel Ryan,

Michael Moriarty,

T. F. Roe,

Ernest J. Margetson,

Gordon Holmes,

Hugh Geoghegan,

Michael T. Neary,

Secretary.

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

Dated this 17 day of January 1979.

GERARD COLLINS,

Minister for Justice.

CIRCUIT COURT RULES (NO. 1) 1979.

( Unfair Dismissals Act, 1977 ).

These Rules which may be cited as the Circuit Court Rules (No. 1), 1979 shall come into operation on the 1st day of February, 1979. The Order referred to in these Rules shall be added to those Orders contained in the Circuit Court Rules, 1950.

Order 63

UNFAIR DISMISSALS ACT, 1977 (No. 10 Of 1977)

Rule 1 Definition

In this ORDER "the Act" means the Unfair Dismissals Act, 1977 , (No. 10 of 1977), "the Tribunal" means the Employment Appeals Tribunal, and "the Minister" means the Minister for Labour.

Rule 2 Transitional

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

All applications under Section 10 of the Act whether by way of claim for redress by the Minister 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

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

Rule 5 Service

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 Act, or Section 7 of the Courts Act 1964 .

Rule 6 Date of hearing

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 by the applicant not later than twenty-one days before the commencement of such Sittings.

Rule 7 Date of hearing (Dublin)

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 not later than twenty-one days before such date.

Rule 8 Filing

Copy of determination of Tribunal

All applications shall be filed within seven days of the 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 any such application a copy of the determination of the Tribunal to which such application relates and an appropriate declaration of service of the application. 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 9 Entry

Upon the filing in accordance with these Rules of an application, the County Registrar, shall enter the same for hearing.

Rule 10

Every application made by way of an Appeal from a determination of the Tribunal shall contain a statement of the grounds upon which the Appellant 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 11 Signatures to Application

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 12 Further particulars

Copies of documents

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. The costs of and incidental to such application shall be in the discretion of the Judge. In the case of non-compliance with any such Order, the Judge may deal with the matter as to him shall seem right.

Rule 13 Oral evidence

Save by special leave of the Court, all applications under the Act shall be heard upon oral evidence.

Rule 14 Costs

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

SCHEDULE

FORM No. 1
AN CHUIRT CHUARDA (THE CIRCUIT COURT)
CIRCUIT		COUNTY OF
..........................................................		............................................................ .........
UNFAIR DISMISSALS ACT, 1977 , S. 10 (1)
BETWEEN/
THE MINISTER FOR LABOUR
	Applicant
—and—
............................................................
	Respondent
TAKE NOTICE that the Minister for Labour having his Office at ........................................................ in the County of ............................................................ ............................................................ .................. hereby applies to the Court sitting at ............................................................ ............................................. ............................................................ ............................................................ ................................................... in the County of ............................................................ ............................................................ .... pursuant to the provisions of Section 10 (1) of the above Act on behalf of....................................................(a) for redress under the said 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 ............................................................ ............................................................ .................... (a) is the employee of the Respondent for the purposes of the said Act.
(2) The employment Appeals Tribunal on the ..................... day of ..................... 19 ............has determined that the said employee be entitled to redress under the said Act and accordingly ordered the Respondent to reinstate/re-engage/compensate (b) the said employee as/by (b)............................................................ ............................................................ .......................................
............................................................ ............................................................ ............................................. (c)
(3) The Respondent has failed to carry out the terms of the said determination, 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.
Dated the day of 19
SIGNED		............................................................ .........
		Solicitor for Applicant
(Address)		............................................................ .........
		............................................................ .........
To.............................................. ............................................... ..............................................
The above named Respondent

(a) insert name of employee

(b) Delete where necessary.

FORM No. 2
AN CHUIRT CHUARDA (THE CIRCUIT COURT)
CIRCUIT			COUNTY OF
...............................................			............................................................ .......
UNFAIR DISMISSALS ACT, 1977 S. 10 (4)
BETWEEN
..............................................
	Appellant
—and— .............................................
	Respondent
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 Section 10 sub-section (4) of the above Act by way of Appeal against the determination of the Employment Appeals Tribunal dated the ................ day of ................. 19 ..... granting/refusing (a) the claim of the Appellant/Respondent (a) herein 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 grounds in support of his appeal: (b)
AND TAKE NOTICE that the application will be listed for hearing on the ......................day of..................... 19 ............ or on the first available day thereafter.
Dated the day of 19
SIGNED			............................................................ .......
		Appellant/Solicitor for Appellant
To: ... ... ... ... ... ... ... ... ... ... ... ... ... ...
of ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
the above named Respondent

(a) delete where appropriate.

(b) here insert grounds relied upon. If appeal is against part only of the determination clearly identify that part against which an appeal is sought.

EXPLANATORY NOTE.

These Rules prescribe Circuit Court procedures in respect of applications brought under Section 10 of the Unfair Dismissals Act, 1977 .