S.I. No. 285/2007 - European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007

1. (1) An employee may present a complaint to a rights commissioner that his or her employer has contravened Regulation 9(4) in relation to the employee.

(2) Where a complaint under subparagraph (1) is made, the rights commissioner shall—

(

a

) give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint,

(

b

) give a decision in writing in relation to it, and

(

c

) communicate the decision to the parties.

(3) A decision of a rights commissioner under subparagraph (2) shall do one or more of the following

(

a

) declare that the complaint was or, as the case may be, was not well founded;

(

b

) require the employer to take a specified course of action;

(

c

) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration in respect of the employee’s employment;

and the references in the foregoing clauses to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(4) A rights commissioner shall not entertain a complaint under this paragraph if it is presented to him or her after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

(5) Notwithstanding subparagraph (4), a rights commissioner may entertain a complaint under this paragraph presented to him or her after the expiration of the period referred to in subparagraph (4) (but not later than 6 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.

(6) A complaint shall be presented by giving notice of it in writing to a rights commissioner.

(7) A copy of a notice under subparagraph (6) shall be given to the other party concerned by the rights commissioner concerned.

(8) Proceedings under this paragraph before a rights commissioner shall be conducted otherwise than in public.

Appeals from decisions of rights commissioner

2. (1) A party concerned may appeal to the Labour Court (the “Court”) from a decision of a rights commissioner under paragraph 1 and, if the party does so, the Court shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.

(2) An appeal under this paragraph shall be initiated by the party concerned giving, within 6 weeks (or such greater period as the Court may determine in the particular circumstances) from the date on which the decision to which it relates was communicated to the party, a notice in writing to the Court containing such particulars as are determined by the Court under subparagraph (4) and stating the intention of the party concerned to appeal against the decision.

(3) A copy of a notice under subparagraph (2) shall be given by the Court to any other party concerned as soon as is practicable after the receipt of the notice by the Court.

(4) The following matters, or the procedures to be followed in relation to them, shall be determined by the Court, namely—

(

a

) the procedure in relation to all matters concerning the initiation and the hearing by the Court of appeals under this paragraph,

(

b

) the times and places of hearings of such appeals,

(

c

) the representation of the parties to such appeals,

(

d

) the publication and notification of determinations of the Court,

(

e

) the particulars to be contained in a notice under subparagraph (2), and

(

f

) any matters consequential on, or incidental to, the foregoing matters.

(5) The Court may refer a question of law arising in proceedings before it under this paragraph to the High Court for determination and the determination of the High Court shall be final and conclusive.

(6) A party to proceedings before the Court under this paragraph may appeal to the High Court from a determination of the Court on a point of law and the determination of the High Court shall be final and conclusive.

Paragraphs 1 and 2: supplemental provisions

3. (1) A rights commissioner shall furnish the Court with a copy of each decision given by the commissioner under paragraph 1(2).

(2) A rights commissioner shall maintain a register of all decisions given by him or her under paragraph 1(2) and shall make the register available for inspection by members of the public during normal office hours.

(3) The Court shall publish, in a manner it considers appropriate, particulars of any determination made by it under subparagraph (4)(a), (c), (e) and (f) of paragraph 2 (not being a determination as respects a particular appeal under that paragraph).

Enforcement by Circuit Court

4. (1) Where any party to a complaint under paragraph 1(1) fails to carry out in accordance with its terms a decision of a rights commissioner under paragraph 1(2) or a determination of the Court under paragraph 2(1) within 6 weeks from the date on which the decision or determination, as the case may be, is communicated to the parties, the Circuit Court shall, on application to it in that behalf by—

(

a

) the employee concerned, or

(

b

) with the consent of the employee, any trade union, or excepted body (within the meaning of

section 1

of the

Industrial Relations (Miscellaneous Provisions) Act 2004

(No. 4 of 2004)), of which the employee is a member,

without hearing the respondent or any evidence (other than in relation to the matters aforesaid) make an order directing the respondent to carry out the decision or the determination, as the case may be, in accordance with its terms.

(2) The reference in subparagraph (1) to a decision of a rights commissioner or to a determination of the Court is a reference to such a decision or determination, as the case may be, in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned and the reference to the date on which the decision or the determination, as the case may be, is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.

(3) The Circuit Court may, in an order under this section, if in all the circumstances it considers it appropriate to do so, where the order relates to the payment of compensation, direct the employer concerned to pay to the employee concerned interest on the compensation at the rate referred to in

section 22

of the

Courts Act 1981

, in respect of the whole or any part of the period beginning 6 weeks after the date on which the decision concerned of the rights commissioner under paragraph 1(2) or the determination of the Court under paragraph 2(1), as the case requires, is communicated to the parties and ending on the date of the order.

(4) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the respondent ordinarily resides or carries on any profession, trade or business, or in which the principal office of the respondent is situate.

GIVEN under my Official Seal,

13 June 2007

MARTIN CULLEN,

Minister for Transport.

1 OJ L 167, 04.07.2003, p.23.

2 OJ L 240, 24.08.1992, p.8.

5. Incorrect transmission, receipt or interpretation of significant messages when this results in a hazardous situation.

6. Separation minima infringement.

7. Unauthorised penetration of airspace.

8. Unlawful radio communication transmission.

9. Failure of ANS ground or satellite facilities.

10. Major ATC/ATM failure or significant deterioration of aerodrome infrastructure.

11. Aerodrome movement areas obstructed by aircraft, vehicles, animals or foreign objects, resulting in a hazardous or potentially hazardous situation.

12. Errors or inadequacies in marking of obstructions or hazards on aerodrome movement areas resulting in a hazardous situation.

13. Failure, significant malfunction or unavailability of airfield lighting.

Regulation 9.

SCHEDULE 4

REDRESS FOR CONTRAVENTION OF REGULATION 9(4)

Complaints to rights commissioner

14. Oxygen for pressurised aircraft

(

a

) loss of oxygen supply in the cockpit;

(

b

) loss of oxygen supply to a significant number of passengers (more than 10 per cent), including when found during maintenance or training or test purposes.

15. Bleed air system

(

a

) hot bleed air leak resulting in fire warning or structural damage;

(

b

) loss of all bleed air systems;

(

c

) failure of bleed air leak detection system.

Regulation 3.

SCHEDULE 3

LIST OF AIR NAVIGATION SERVICES RELATED OCCURRENCES TO BE REPORTED

PART 1

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th June

, 2007.

I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), as amended by the

European Communities (Amendment) Act 1993

(No. 25 of 1993), and for the purpose of giving effect to Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003

1

on occurrence reporting in civil aviation, hereby make the following Regulations—

Citation.