S.I. No. 275/2006 - Circuit Court Rules (Employment Equality Acts 1998 and 2004 ) 2006

S.I. No.275 of 2006

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACTS 1998 and 2004 ) 2006

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

Dated this 8^th day of March , 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Fergal Foley

Patrick Hunt

Joe Deane

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 29^th day of May, 2006

Signed: Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.275 of 2006

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACTS 1998 and 2004 2006

1. These Rules, which may be cited as the Circuit Court Rules (Employment Equality Acts 1998 and 2004) 2006 shall come into operation on the 26^th day of June 2006.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2006.

3. Rule 6 of Order 57 of the Circuit Court Rules 2001 is hereby deleted and substituted by the following:

“Rule 6 - Employment Equality Acts, 1998 and 2004

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 by the employer or his solicitor or trade representative, or by the chief executive officer of the Employment Authority, or on behalf of the Minister as being a true copy thereof;

“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 in accordance with the provisions as to the service of Civil Bills and other documents contained in Order 11 of these Rules.

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) An Employment Law Civil Bill shall be served in accordance with Order 11 of these Rules.

(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 ten days after service on him of the Employment Law Civil Bill enter an Appearance and within a further ten 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 either in accordance with the provisions as to the service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served 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 defendant or to the Director of the Equality Tribunal as appropriate; and service of an application or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such solicitor acts upon which in the ordinary course of postage it would be delivered. 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.

(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 Director or to the mediator as appropriate;

(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.”

4. The Forms contained in the Schedule hereto shall be inserted in the Schedule of Forms to the Circuit Court Rules 2001 to 2006, in the following manner:

(a) Form 2Q: immediately after Form 2P

(b) Form 36E: immediately after Form 36D.

SCHEDULE

FORM 2Q

AN CHUIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

EMPLOYMENT LAW CIVIL BILL

IN THE MATTER OF SECTION 77(3) OF THE EMPLOYMENT EQUALITY ACT 1998

BETWEEN

A.B.

Plaintiff

AND

C.D.

Defendant

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar at his/her Office at , an Appearance to answer the claim of of , the Plaintiff herein.

AND TAKE NOTICE that unless you do enter an Appearance you will be held to have admitted the said claim and application may be made to the Court in your absence for the orders sought herein.

AND FURTHER TAKE NOTICE that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance, but also, within ten days after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said Office and by giving copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered by posting same to the Plaintiff or his Solicitor.

Dated the day of

Signed:

Plaintiff/Solicitors for the Plaintiff

To:

Defendant/Solicitors for the Defendant

And

To: The County Registrar

INDORSEMENT OF CLAIM

[Insert details of the Plaintiff's claim including the basis upon which jurisdiction is claimed]

THE PLAINTIFF CLAIMS:

[Insert details of reliefs sought by the Plaintiff

Plaintiff/Solicitors for the Plaintiff

FORM 36E

AN CHUIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

NOTICE OF MOTION

IN THE MATTER OF SECTION 91 OF THE EMPLOYMENT EQUALITY ACT, 1998

BETWEEN

A.B.

Plaintiff

AND

C.D.

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 Plaintiff is relying for the reliefs sought and in particular details of the of the failure by the person affected to comply with the determination, decision or mediated settlement, as appropriate and, if appropriate, of the abandonment of an appeal]

2. [here insert the basis of jurisdiction]

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

4. [The following documents should, in accordance with Order 57 rule 6(7)(c), be annexed to this 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 determination or decision thereon and the original or a certified copy of any letter of the Labour Court or the Director notifying the making of the determination or decision (as the case may be) 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 and particulars provided by either party to the Labour Court and

(iii) any other relevant documentation].

Dated the day of

Signed:

Plaintiff/Solicitor for the Plaintiff

To:

Defendant/Solicitor for the Defendant

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 proceedings brought under the Employment Equality Acts 1998 and 2004.