S.I. No. 409/2003 - District Court (Terms of Employment Information) Rules, 2003

1. These rules may be cited as the District Court (Terms of Employment Information) Rules 2003.

2. These rules shall come into operation on the 9th day of October, 2003 and shall be read together with all other District Court rules for the time being in force.

3. Order 99B of the District Court Rules, 1997 (

S.I. No. 93 of 1997

) shall be amended by the insertion immediately following Order 99B, rule 4 of the following

4. The Forms numbered 99B.3 and 99B.4 in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 (

S.I. No. 93 of 1997

).

Schedule 1

Form 99B.3

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994, Section 9

NOTICE OF APPLICATION

District Court Area of District No.

............................................................ ............................................................ ...................

Applicant

............................................................ ............................................................ ....................

Respondent

WHEREAS by determination made in writing pursuant to section 8 of the above-named Act in the matter of an appeal (reference number............) from the recommendation of a rights commissioner on the complaint of

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the above-named applicant

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.................(herein referred to as the “employee” against you the respondent, the Employment Appeals Tribunal determined that............................................................ ............................................................ ..........

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which said determination was communicated to the parties on 20 and the time for appeal against said determination having expired]

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and appeal having been brought against said determination, but abandoned on 20 ]

AND WHEREAS you the respondent have failed to carry out the said determination of the Employment Appeals Tribunal in accordance with its terms.

TAKE NOTICE that I will apply at the sitting of the District Court to be held at

on the day of 20 at am/pm

for an order under section 9 of the aforesaid Act, directing you to comply with the said determination.

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[and for an order that you pay interest on the compensation at the rate referred to in

section 22

of the

Courts Act, 1981

, for such period as may be ordered (being not more than the period beginning six weeks after the date on which the said determination of the Employment Appeals Tribunal was communicated or appeal from such determination was abandoned and ending on the date of such order)].

Dated this day of 20

Signed....................................................

(Solicitor for the) Applicant

To. The above named respondent

Of

To the District Court Clerk,

District Court Office at ...................

No. 99B.4

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994, Section 9

ORDER

District Court Area of District No.

............................................................ ............................................................ ...........................

Applicant

............................................................ ............................................................ ...........................

Respondent

WHEREAS on the application of the above-named applicant for an order directing the respondent to carry out the determination of the Employment Appeals Tribunal made in writing pursuant to section 8 of the above-named Act in the matter of an appeal (reference number.........................) from the recommendation of a rights commissioner on the complaint of

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the applicant

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..................................... (herein referred to as the “employee”) against the respondent,

[

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which said determination was communicated to the parties on 20 and the time for appeal against such determination having expired]

[

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and appeal having been brought against such determination, but abandoned on 20 ]

And the Court being satisfied that the respondent was duly served with notice of the application

IT IS ORDERED AND DIRECTED that the respondent do forthwith carry out the above-mentioned determination of the said Employment Appeals Tribunal in accordance with the terms of said determination.

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IT IS FURTHER ORDERED AND DIRECTED that the respondent pay to the employee interest on the compensation at the rate referred to in

section 22

of the

Courts Act, 1981

, for the period of (being not more than the period beginning six weeks after the date herein specified on which the determination of the Employment Appeals Tribunal was communicated to the parties or appeal from such determination was abandoned and ending on the date of this order)].

Dated this day of 20

Signed.........................................................

Judge of the District Court

Given this 24th day of March, 2003

Peter Smithwick

John Garavan

Uinsin Mac Gruairc

John P Brophy

Mary C Devins

Sean McMullin

Hugh O'Neill

Chairman

Secretary

I concur in the making of the foregoing rules

Dated this 9th day of September, 2003

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These Rules amend Order 99B of the District Court Rules, 1997 (

S.I. No. 93 of 1997

) to allow applications to be made pursuant to

section 9

of the

Terms of Employment (Information) Act, 1994

to any sitting of the Court for the court district in which the respondent employer carries on any trade, profession, business or occupation. Such application shall be by notice of application in the Form 99B.3, Schedule C and shall be served on the respondent by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable. An order made pursuant to section 9 of the said Act of 1994 on such application shall be in the Form 99B.4, Schedule C.

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5. “An application to the Court for an order pursuant to

Section 9

of the

Terms of Employment (Information) Act, 1994

may be made to any sitting of the Court for the court district in which the respondent employer carries on any trade profession, business or occupation.

6. Such application shall be by notice of application in the Form 99B.3, Schedule C and shall be served on the respondent by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable. An order made pursuant to section 9 of the said Act of 1994 on such application shall be in the Form 99B.4, Schedule C”.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

,

section 17

of the

Interpretation Act, 1937

[as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

] and

section 34

of the

Courts (Supplemental Provisions) Act, 1961

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-