S.I. No. 293/2005 - Rules of the Superior Courts (Proceedings Under The Employment Equality Acts 1998 and 2004) 2005

STATUTORY INSTRUMENTS

S. I. No. 293 of 2005

Rules of the Superior Courts (Proceedings under the Employment Equality Acts 1998 and 2004) 2005

S.I. No. 293 of 2005

Rules of the Superior Courts (Proceedings under the Employment Equality Acts 1998 and 2004) 2005

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 15th day of June, 2005.

S.I. No. 293 of 2005

Rules of the Superior Courts (Proceedings under the Employment Equality Acts 1998 and 2004) 2005

1.         The following Order shall be inserted as Order 106 of the Rules of the Superior Courts, in substitution for the existing Order 106:

“Order 106

Proceedings under the Employment Equality Acts 1998 and 2004

1.         In this Order,

“the Act” means the Employment Equality Act 1998 (No 21 of 1998);

“the Act of 2004” means the Equality Act 2004 (No 24 of 2004);

“the Director” means the Director of the Equality Tribunal.

2.         Any appeal to the High Court on a point of law from a decision of the Director under Section 79(7) of the Act (inserted by section 35 of the Act of 2004) or from a determination on appeal of the Labour Court under section 90(1) of the Act (as substituted by section 46 of and the Schedule to, the Act of 2004) shall be brought by originating notice of motion.

3.         The originating notice of motion referred to in rule 2 shall be entitled in the matter of the Act, on the application of the appellant and shall state the decision of the Director or, as the case may be, the determination of the Labour Court, appealed against, and the grounds of appeal.

4.         In all cases the originating notice of motion referred to in rule 2 shall be served on all parties to the decision and to the Director or, as the case may be, on all parties to the determination of the Labour Court and on the Minister for Justice, Equality and Law Reform.

5.         The originating notice of motion referred to in rule 2 shall be issued within twenty one days of the date on which the decision of the Director or, as the case may be, the determination of the Labour Court was given; provided that the time within which the notice of motion may be issued may be extended on application ex parte at any time within six weeks from the date on which the decision of the Director or, as the case may be, the determination of the Labour Court was given.

6.         Any question referred to the High Court by the Labour Court pursuant to section 90(2 of the Act (as substituted by section 46 of, and the Schedule to, the Act of 2004) shall be brought by originating notice of motion, entitled in the matter of the Act, on the application of the Labour Court. The originating notice of motion shall state concisely the question referred for the decision of the High Court and shall be served on all parties to the appeal before the Labour Court.

7.         (1)       An application to the High Court by the Equality Authority, for an order pursuant to section 10(5) or section 65 or section 72 or section 85(5) of Act on the application of the Equality Authority. The notice of motion shall state the reliefs sought and shall specify the advertisement, discrimination or conduct complained of or the compliance required, as the case may be.

(2)             In any case the Court, if satisfied that the delay caused by proceeding by motion on notice under this rule would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise and subject to such undertaking, if any, as the Court may think just: and any party affected by such order may move to set it aside.

8.         Notice of the application referred to in rule 7 shall be given to the person against whom relief is sought. If it shall appear to the Court that any person to whom notice has not been given ought to have received such notice, the Court may either dismiss the application or adjourn the hearing thereof in order that such notice may be given upon such terms (if any as the Court may think fit to impose.

9.         Pending the hearing of the application referred to in rule 7, the Court may, if it appears just and proper to do so, make such interim or interlocutory order restraining the publication of the advertisement complained of or restraining the conduct or discrimination complained of or requiring the compliance sought, as the case may be.

10.          An application to the High Court for an order under section 97(2)(b) of the Act authorising the publication or disclosure of information furnished to, or otherwise acquired by, the Labour Court, the Director or any other person, by virtue of sections 94 to 96 of the Act, or otherwise in the course, or for the purposes, of any investigation, mediation or hearing under Part VII of the Act shall be brought by originating notice of motion, entitled in the matter of the Act, on the application of the applicant. The notice of motion shall be grounded on an affidavit sworn by or on behalf of the applicant, which shall identify the nature or presumed nature and source of the information in question, the circumstances in which the information in question was furnished, the publication or disclosure sought, and the interest of the applicant in such publication or disclosure. The notice of motion and a copy of the grounding affidavit shall be served on the Labour Court, the Director or the other person to whom the information has been furnished, on the person who furnished the information and on any person to whom it is believed the information relates.

11.       (1)      Subject to sub-rule (2) of rule 7, the originating notice of motion and a copy of the grounding affidavit and of any exhibits thereto in any application or appeal under this Order shall be served upon each respondent not later than twenty one days before the date fixed for the hearing of the motion.

(2)       A copy of any affidavit in opposition to an application or appeal made under this Order shall be filed by the respondent within fourteen days of the service on the respondent of the applicant's affidavit and the respondent must within such period serve a copy of such affidavit on the applicant.

(3)       Save where the Court otherwise directs, the hearing of an appeal or application under this Order shall be by way of affidavit.”

2.         Subject to section 106 of the Act (inserted by section 47 of the Equal Status Act 2000 and section 46 of the Act of 2004, the procedure in being prior to the commencement of these rules shall continue to apply as in any proceeding under an enactment repealed by the Act or any proceeding in exercise of any jurisdiction discontinued by the Act of 2004.

3.         These rules shall come into operation on the 8th day of July 2005.

4.         These rules shall be construed together with the Rules of the Superior Courts 1998 to 2005 and may be cited as the Rules of the Superior Courts (Proceedings under the Employment Equality Acts 1998 and 2004) 2005.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules insert a new Order 106 in substitution for the existing Order 106 of the Rules of the Superior Courts in relation to proceedings under the Employment Equality Acts 1998 and 2004.