S.I. No. 195/1995 - Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations, 1995.

S.I. No. 195 of 1995.

ADOPTIVE LEAVE (REFERRAL OF DISPUTES AND APPEALS) (PART V) REGULATIONS, 1995.

I, MERVYN TAYLOR, T.D., Minister for Equality and Law Reform, in exercise of the powers conferred on me by section 32 (4) of the Adoptive Leave Act, 1995 (No. 2 of 1995), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations, 1995.

(2) These Regulations shall come into operation on the 20th day of July, 1995.

2. (1) In these Regulations, except where the context otherwise requires—

"the Act" means the Adoptive Leave Act, 1995 (No. 2 of 1995);

"appeal" means an appeal to the Tribunal under Part V of the Act;

"appellant" means a person who appeals to the Tribunal under Part V of the Act against a decision of a rights commissioner;

"applicant" means a person who refers a dispute to a rights commissioner under Part V of the Act;

"reference" means a dispute which is referred to a rights commissioner under Part V of the Act;

"regulations of 1979" means the Redundancy (Employment Appeals Tribunal) Regulations, 1979 ( S.I. No. 114 of 1979 ); and

" respondent" means a party to a reference under Part V of the Act other than an applicant, or a party to an appeal under the said Part V, other than an appellant, as may be appropriate.

(2) In these Regulations, a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended.

(3) In these Regulations, a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. (1) A notice under section 34 (1) or 35 (2) of the Act shall contain the following particulars:

( a ) the names, addresses and descriptions of the parties to the proceedings;

( b ) in the case of a reference, the grounds upon which the applicant's claim is based;

( c ) in the case of an appeal, the grounds of appeal;

( d ) in the case of a reference—

(i) the day of placement, or

(ii) where there has been no placement, the date on which the employer received the first notification of the adopting parent's intention to take leave under the Act, or

(iii) in the case of an adopting father, the date on which the adopting mother died;

( e ) in case the notice is under section 34 (1) of the Act and is not given within the appropriate period specified in that section, the reasons for the delay;

( f ) the weekly remuneration of the adopting parent; and

( g ) in the case of an appeal, the date on which the decision to which the appeal relates was made and the name of the rights commissioner who made it.

4. (1) A reference or an appeal may be withdrawn by giving a notice in writing to the rights commissioner or the Tribunal, as may be appropriate, of the withdrawal of the reference or appeal.

(2) On receipt of a notice under paragraph (1) the rights commissioner or Tribunal, as the case may be, shall, as soon as is reasonably practicable thereafter, notify the respondent in writing of the withdrawal of the reference or appeal.

5. (1) A respondent who receives notice of an appeal, shall, if she wishes to contest the appeal, or wishes to appear or be heard at the hearing thereof, enter an appearance to it by giving a notice of appearance in writing to the Tribunal within 14 days (or such longer period as the Tribunal may fix under paragraph (3)) of the receipt by her of a copy of the notice concerned under section 35 (2) of the Act.

(2) A notice of appearance under this Regulation shall contain a brief outline of the grounds upon which the matter under appeal will be contested.

(3) A respondent in an appeal may apply to the Tribunal by notice in writing for an extension of the period within which to enter an appearance stating the grounds for the application, and the Tribunal may extend the time within which to enter the said appearance by such period as the Tribunal considers appropriate, if satisfied that there are reasonable grounds for so doing.

6. A copy of the notice of appearance shall be given by the Tribunal to the appellant as soon as may be after the receipt of the notice of appearance under Regulation 5 by the Tribunal.

7. A mistake of a formal nature shall not operate to invalidate a notice given under section 34 (1) or 35 (2) of the Act.

8. (1) The rights commissioner may request the parties in a reference to furnish him or her with particulars in relation to the dispute and may invite them to make submissions, either orally or in writing, in relation to the dispute.

(2) The rights commissioner may, if he or she considers it appropriate, convene an oral hearing at which he or she may put questions to the applicant and respondent and request the production of documents by them, in relation to the matters in dispute.

(3) Where a party in a reference fails or refuses, without just cause, to attend an oral hearing convened under paragraph (2), the rights commissioner may proceed with the hearing in that party's absence.

(4) The rights commissioner may draw such inferences, as to him or her appear proper, from a failure or refusal by a party in a reference to comply with a request made under paragraph (1) or (2), or a failure or refusal by such a party to answer a question put to her by the rights commissioner.

9. A mistake (including an omission) of a verbal or formal nature, in a decision of a rights commissioner, may be corrected by a certificate signed by the rights commissioner.

10. A mistake (including an omission) of a verbal or formal nature, in a determination of the Tribunal, may be corrected by a certificate signed by the chairman of the Tribunal, or, if the determination concerned was made at a time when a vice-chairman was acting as chairman of the Tribunal, by the chairman of the Tribunal or such vice-chairman.

11. (1) The Tribunal shall maintain a register to be known as the Register of Adoptive Leave Determinations (referred to subsequently in this Regulation as "the Register") and shall cause to be entered therein particulars of every determination by the Tribunal under Part V of the Act.

(2) The Register may be inspected free of charge by any person during normal office hours.

(3) Particulars of any correction made under Regulation 10 shall be entered in the Register.

(4) The parties to an appeal shall be furnished with a copy of the entry in the Register which relates to that appeal.

12. A respondent in an appeal who does not enter an appearance in accordance with Regulation 5, shall not be entitled to take part in or be present or represented at any proceedings before the Tribunal, relating to the matter under appeal.

13. (1) Where a notice is required, under the Act or these Regulations, to be served on a rights commissioner, the address for service of such notice shall be "Rights Commissioner, Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4.".

(2) Where a notice is required, under the Act or these Regulations, to be served on the Tribunal, the address for service of such notice shall be "The Secretary, Employment Appeals Tribunal, Davitt House, 65A Adelaide Road, Dublin 2.".

14. Paragraphs 10 to 17 (2), 19, 20, 20A (inserted by the regulations of 1979), 23, 23A (inserted by the regulations of 1979) and 24 of the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), shall, with any necessary modifications (including, in the case of the said paragraphs 20 and 20A, the modification that a sum awarded by the Tribunal under either of those paragraphs shall, in lieu of being paid out of the fund referred to therein, be paid by the Minister for Enterprise and Employment with the consent of the Minister for Finance), apply in relation to appeals under section 35 of the Act.

GIVEN under my Official Seal, this 20th day of July, 1995.

MERVYN TAYLOR,

Minister for Equality and Law Reform.

EXPLANATORY NOTE.

These Regulations prescribe procedures to be followed in relation to the hearing of disputes and appeals by a rights commissioner or the Employment Appeals Tribunal under Part V of the Adoptive Leave Act, 1995 .