Redundancy (Redundancy Appeals Tribunal) Regulations, 1968

• Jurisdiction: Ireland
• Citation: IR SI 24/1968
• Year: 1968

S.I. No. 24 of 1968.

REDUNDANCY (REDUNDANCY APPEALS TRIBUNAL) REGULATIONS, 1968.

I, P. S. Ó h-IRIGHILE, Minister for Labour, in exercise of the powers conferred on me by section 39 (19) of the Redundancy Payments Act, 1967 (No. 21 of 1967), hereby make the following Regulations:

General. 1. These Regulations may be cited as the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968. 2. In these Regulations—

"the Act" means the Redundancy Payments Act, 1967 (No. 21 of 1967);

"the Minister" means the Minister for Labour;

"notice of appeal" means the notice of appeal required by paragraph 3;

"the Tribunal" means the Redundancy Appeals Tribunal.

Originating Application. 3. Where a person (in these Regulations referred to as the appellant) desires to have a question referred under section 39 (15) of the Act to the Tribunal for decision, he shall give written notice of appeal to the Minister. 4. The notice of appeal shall be given on the form provided by the Minister for the purpose and shall be accompanied by a statement of the facts and contentions on which the appellant intends to rely.

Time Limit for and Withdrawal of Appeals. 5. No appeal shall be entertained by the Tribunal unless the appropriate notice of appeal has been submitted to the Minister within 21 days after the receipt by the appellant of the decision which constitutes the subject of the appeal; provided that notice of appeal given after that period may, with the consent of the Minister, be accepted. 6. An appellant may withdraw an appeal to the Tribunal by sending notice of withdrawal to the Minister.

Forwarding of Appeals. 7. (1) In the case of an appeal against a decision of a deciding officer and in the case of an employer who is appealing against a decision given by the Minister in relation to a rebate, the Minister shall, as soon as may be after receipt of the notice of appeal, cause to be furnished to the Secretary of the Tribunal the notice of appeal together with a counter-statement given by or on behalf of the deciding officer or the Minister (as the case may be) showing to what extent the facts and contentions advanced by the appellant are admitted or disputed.

(2) On receipt of the notice of appeal and the counter-statement, the Secretary of the Tribunal shall forward a copy of the counter-statement to the appellant. 8. (1) In the case of an employee who is appealing against a decision given by an employer under the Act, the Minister shall cause the notice of appeal to be forwarded to the Secretary of the Tribunal.

(2) On receipt of the notice of appeal the Secretary of the Tribunal shall forward to the employer concerned (in these Regulations referred to as the respondent) a copy of the statement by the appellant required under paragraph 4.

Appearance by Respondent. 9. (1) A respondent shall within 14 days of receiving a copy of the appropriate notice of appeal enter an appearance to the proceedings by sending to the Secretary of the Tribunal a statement (on the form provided by the Minister for the purpose) indicating whether he intends to contest the appeal and, if so, to what extent the facts and contentions advanced by the appellant are admitted or disputed.

(2) Subject to subparagraph (3), a respondent who has not submitted a notice of appearance as required by subparagraph (1) shall not be entitled to take any part in the appeal proceedings or to be represented thereat.

(3) A...