S.I. No. 316/1981 - Circuit Court Rules (No. 2), 1981 (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 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, make the annexed Rules of Court.

Dated the 30th day of July, 1981.

Thomas J. Neylon

Frank Martin

Ernest J. Margetson

Gordon Holmes

Michael T. Neary, Secretary

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

Dated the 2nd day of September, 1981.

JIM MITCHELL,

Minister for Justice.

S.I. No. 316 of 1981.

CIRCUIT COURT RULES (No. 2) 1981 (UNFAIR DISMISSALS ACT, 1977)

1. These Rules which may be cited as the Circuit Court Rules (No.2) 1981 shall come into operation on the 12th day of September, 1981.

2. The Order referred to in these Rules shall be added to and construed together with those orders contained in the Circuit Court Rules, 1950, as amended.

3. The Circuit Court Rules (No. 1) 1979 ( S.I. No. 10 of 1979 ) are hereby revoked.

ORDER 63

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

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.

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.

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 or Forms annexed hereto, or such modifications thereof as may be appropriate.

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

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, or by being delivered to or served upon the Solicitor who is on record before the Tribunal as acting for the person named as the Respondent before the Court; and service of an application or any other document upon such Solicitor, or delivery of the same at his office, or sending the 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 the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered.

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.

This Rule shall apply only the 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.

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 the same by prepaid registered post to, the Office of the Secretary of the Tribunal.

The application shall be filed within seven days of 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 the application copies of the documents referred to in the following Rule. 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.

The following documents shall be filed with the application.

(a) A copy of the original Notice to Appeal to the Tribunal.

(b) A copy of the Notice of Appearance.

(c) A copy of the determination of the Tribunal.

(d) The original letter from the Tribunal notifying the making of communication of the said determination.

(e) A copy of any particulars provided by either party, to the Tribunal.

Every application made by way of an appeal from a determination of the Tribunal shall contain a statement of the grounds upon which the Applicant 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.

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.

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.

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

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

The Secretary of the Tribunal shall have the right of access to all the information contained on the file kept in the Office of the Country Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

EXPLANATORY NOTE.

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

These Rules, which revoke Circuit Court Rules (No. 1) 1979, ( S.I. No. 10 of 1979 ), prescribe Circuit Court procedures in respect of applications brought under Section 10 of the Unfair Dismissals Act, 1977 .

SCHEDULE

FORM No. 1

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

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. (d) ,

SIGNED .....................

Solicitor for Applicant

(Address)................

The above named Respondent/Solicitor for Respondent and to the Secretary Employment Appeals Tribunal. Davitt House, Mespil Road. Dublin 4.

FORM No. 2

AN CHUIRT CHUARDA

(THE CIRCUIT COURT)

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 the Appellant on the ........day of.........19....

AND TAKE NOTICE that the Appeliant 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. (c)

SIGNED: ......................................................

Appellant/Solicitor for Appellant

the above named Respondent Solicitor for Respondent and to the Secretary Employment Appeals Tribunal, Davitt House, Mespil Road, Dublin 4.

(a) insert name of employee

(a) insert name of employee

(b) Delete where necessary

(b) Delete where necessary

(c) insert brief details of the determination

(d) Omit the words “or on the first available day thereafter” where the application is made in Dublin.

(a) delete where appropriate

(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.

(c) Omit the words “or on the first day thereafter” where the application is made in Dublin.