S.I. No. 208/2000 - Circuit Court Rules (No. 2) (Parental Leave Act, 1998), 2000.

1. In this Order “the Act” means

the Parental Leave Act, 1998

(No. 30 of 1998), and “the Tribunal” means the Employment Appeals Tribunal and “Commissioner” means a rights commissioner and “the Minister” means the Minister for Justice, Equality and Law Reform.

Rule Two

2. 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 application made or proceedings taken in accordance with these Rules.

Rule Three — Applications for Enforcement

3. Applications for the enforcement of decisions of a Commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act, be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said Affidavit shall exhibit

(

a

) a certified copy of the decision of the Commissioner or a certified copy of determination of the Tribunal and

(

b

) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the Applicant with the aforementioned decision of the Commissioner or determination of the Tribunal;

(

c

) a copy Notice of Appeal, if applicable;

and shall set out

(i) all the facts relevant to the alleged failure to carry out the decisions or determinations;

(ii) whether or not an appeal has been brought from the decisions or determinations and, if no such appeal has been brought, that the time for appeal has elapsed and, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.

Rule Four — Jurisdiction

4. Applications shall, in accordance with section 22 (4) of the Act, be brought in the Country where the relevant employer ordinarily resides or carries on any profession, business or occupation.

Rule Five — Service

5. Notice of every application shall be given to the employer or employers in question and to the Tribunal and the Commissioner as appropriate by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended, or by leaving a true copy of same at the employer's residence or place of business or by pre-paid registered post to the employer's residence or place of business and 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 or to the Rights Commissioners, Labour Relations Commission, as appropriate.

Rule Six — Evidence

6. Save by special leave of the Court, all applications under Section 22 of the Act shall only be heard upon Affidavit.

Rule Seven — Costs

7. The Court may make such Order as to costs as may be appropriate.

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 applications brought under

Section 22

of the

Parental Leave Act, 1998

, for the enforcement of decisions of a rights commissioner or determinations of the Employment Appeals Tribunal pursuant to the said Act.

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 28th day of January, 2000.

(Signed): ESMOND SMYTH (Chairman of the Circuit Court Rules Committee)

KIERAN O'CONNOR

CARROLL MORAN

ANNE DUNNE

FERGAL FOLEY

GERARD J. DOHERTY

JOE DEANE

SUSAN RYAN (Secretary)

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

Dated this 30th day of June, 2000.

(Signed): JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

S.I. No. 208 of 2000

CIRCUIT COURT RULES (NO. 2)

(PARENTAL LEAVE ACT, 1998), 2000.