S.I. No. 721/2004 - Circuit Court Rules (Protection of Employees (Part-Time Work) Act 2001) 2004

1. [Here insert grounds upon which the Applicant is relying for the reliefs sought to include all facts relevant to the alleged failure to carry out the decisions or determinations and 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 an appeal has been brought, the date upon which the Notice of Appeal was given and evidence of abandonment thereof.]

2. [Here insert basis of jurisdiction.]

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

4. [Here insert the date on which the determination of the Labour Court was communicated to the Applicant.]

5. [The following documents must be annexed to this Notice of Motion namely the original determination of the Labour Court or a certified copy of same, certified by the Applicant employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced.]

Dated this day of 20

Signed: Plaintiff/Solicitor for the Plaintiff

To

Defendant/Solicitor for the Defendant

And

To: The Labour Court

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 applications brought under

the Protection of Employees (Part-Time Work) Act 2001

.

6. The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

FORM 1

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT COUNTY OF

IN THE MATTER OF

THE PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001

.

NOTICE OF MOTION FOR RELIEF UNDER

SECTION 18 OF THE PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001

.

BETWEEN

Plaintiff

AND

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

STATUTORY INSTRUMENTS.

S.I. No. 721 of 2004

.

CIRCUIT COURT RULES (PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001) 2004.

S.I. No. 721 of 2004

.

CIRCUIT COURT RULES (PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001) 2004.

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 (Supplement 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 8th day of October, 2003.

(Signed)

Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Joe Deane

Edmund Carroll

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 17th day of November 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

S.I. No. 721 of 2004

.

CIRCUIT COURT RULES (PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001) 2004.