S.I. No. 275/2006 - Circuit Court Rules (Employment Equality Acts 1998 and 2004 ) 2006

1. [here insert grounds upon which the Plaintiff is relying for the reliefs sought and in particular details of the of the failure by the person affected to comply with the determination, decision or mediated settlement, as appropriate and, if appropriate, of the abandonment of an appeal]

2. [here insert the basis of jurisdiction]

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

4. [The following documents should, in accordance with Order 57 rule 6(7)(c), be annexed to this Notice of Motion

(i) a certified copy of the determination of the Labour Court or of the decision of the Director with the date of determination or decision thereon and the original or a certified copy of any letter of the Labour Court or the Director notifying the making of the determination or decision (as the case may be) or, in the case of a mediated settlement pursuant to section 78(5) of the Act, a certified copy of the written record of the settlement together with the date of such written record;

(ii) certified copies of all notices, pleadings, documents and particulars provided by either party to the Labour Court and

(iii) any other relevant documentation].

Dated the day of

Signed

Plaintiff/Solicitor for the Plaintiff

To

Defendant/Solicitor for the Defendant

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 proceedings brought under the Employment Equality Acts 1998 and 2004.

5. Save by special leave of the Court, all applications under Sections 10(5), 65(1) 72, 85(5) and 96(1) of the Act shall only be heard upon affidavit.

6 (a) Applications for relief pursuant to section 77(3) of the Act shall be instituted by the issue of a Civil Bill to be known as an Employment Law Civil Bill in Form 2Q of the Schedule of Forms annexed hereto or such modification thereof as may be appropriate. For the purposes of such applications, the complainant shall be the plaintiff and the respondent shall be the defendant.

(b) An Employment Law Civil Bill shall be served in accordance with Order 11 of these Rules.

(c) An Employment Law Civil Bill shall be dated and bear the name, address and description of the plaintiffs and shall be signed by the plaintiff's solicitor, if any or, if none, by himself and shall set out the redress sought by the plaintiff in accordance with section 82(3) of the Act.

(d) If the Defendant wishes to dispute wholly or in part the claim of the plaintiff, he shall within ten days after service on him of the Employment Law Civil Bill enter an Appearance and within a further ten days thereafter deliver to the plaintiff and any other party a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto with such modifications thereof as may be appropriate in the circumstances.

(e) 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.

(f) Save by special leave of the Court, all applications made under this sub-rule shall be heard on oral evidence.

(g) An application for extension of time under section 77(5)(b) of the Act shall be made ex parte by way of ex parte docket grounded on affidavit prior to the issuing of the Employment Law Civil Bill under this sub-rule which said affidavit shall set out the reasonable cause which prevented the plaintiff from complying with the time limits prescribed by section 77(5)(a) of the Act.

7. (a) Applications under section 91 of the Act by way of claim for enforcement shall be made by way of originating Motion on Notice which shall set out the grounds upon which the plaintiff is relying for the reliefs sought. Such applications shall be in accordance with Form 36E of the Schedule of Forms annexed hereto.

(b) Applications pursuant to this sub-rule shall be served no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to the service of Civil Bills and other documents contained in Order 11 of these Rules or by being delivered to or served upon the solicitor who is on record before the Labour Court or the Director of the Equality Tribunal as acting for the person named as defendant or to the Director of the Equality Tribunal as appropriate; and service of an application or any other document upon such solicitor, or delivery of same at his office, or sending 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 which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which a date for hearing shall be fixed by the Court.

(c) The following documents shall as appropriate, be annexed to the Notice of Motion

(i) a certified copy of the determination of the Labour Court or of the decision of the Director with the date of the determination or decision thereon and of any letter of the Labour Court or the Director notifying the making of the determination or decision, or, in the case of a mediated settlement pursuant to section 78(5) of the Act, a certified copy of the written record of the settlement together with the date of such written record;

(ii) certified copies of all notices, pleadings, documents, particulars or written submissions provided by either party to the Director or to the mediator as appropriate;

(iii) any other relevant documentation.

(d) Every application for enforcement shall contain details of the failure by the person affected to comply with the determination, decision or mediated settlement pursuant to section 78(5) of the Act as appropriate, and, if applicable, of the abandonment of an appeal.

(e) All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitor, if any, and, if the plaintiff is not represented by a solicitor, by the plaintiff.

(f) 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.

(g) Save by special leave of the Court or save as provided for by the Act, all applications under section 91 of the Act shall be heard upon oral evidence.

8. Applications pursuant to section 94(4)(b) of the Act shall be made ex parte in the matter of the proceedings pursuant to section 77(3) of the Act grounded on affidavit which said affidavit shall be sworn by the designated equality officer and shall set out the address of the dwelling in respect of which the search is sought and the basis upon which it is believed that there is in the said dwelling information which is material to the equality officer's investigation. A copy of the Order made pursuant to section 94(4)(b together with a copy of the grounding affidavit shall be served at the time of the search of the dwelling.

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

S.I. No.275 of 2006

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACTS 1998 and 2004 ) 2006

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 8

th

day of March , 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Fergal Foley

Patrick Hunt

Joe Deane

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 29

th

day of May, 2006

Signed

Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.275 of 2006

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACTS 1998 and 2004 2006