Rules of the Superior Courts (Orders 105 And 106) 2020

• Jurisdiction: Ireland
• Citation: IR SI 257/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2020.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 11th day of December 2019.

Frank Clarke (Chairperson)

George Birmingham

Peter Kelly

Elizabeth Dunne

Brian R. Murray

Deirdre Murphy

Teresa Pilkington

Stuart Gilhooly

Liam Kennedy

James Finn

John Mahon

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

Dated this 26 day of March 2020

CHARLES FLANAGAN

Minister for Justice and Equality

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Orders 105 and 106) 2020, shall come into operation on the 7th day of August 2020.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2020.

2. Any application to the High Court arising from a dispute referred to the Employment Appeals Tribunal prior to the entry into force of these Rules may be commenced, continued and determined before the High Court as if these Rules had not entered into force.

3. The Rules of the Superior Courts are amended by the substitution for Orders 105 and 106 of the respective Orders set out in the Schedule.

Schedule

“Order 105

Appeals and references from the Labour Court

1. In this Order:

“the Act of 1967” means the Redundancy Payments Act 1967 ;

“the Act of 1977” means the Unfair Dismissals Act 1977 ;

“the Act of 2015” means the Workplace Relations Act 2015 .

2. Every appeal to the Court under:

(i) section 40 of the Act of 1967, or

(ii) section 10A of the Act of 1977, or

(iii) section 46 of the Act of 2015,

shall be brought by originating notice of motion.

3. The originating notice of motion shall be entitled in the matter of the relevant Act, on the application of the person bringing the appeal, and shall state the decision of the Labour Court appealed against and the grounds of appeal.

4. The originating notice of motion shall be served on the Minister for Business, Enterprise and Innovation and on all parties to the decision of the Labour Court.

5. The originating notice of motion shall be issued within the time limit specified for appeals to the Court from the Labour Court in (as the case may be):

(i) section 40 of the Act of 1967, or

(ii) section 10A of the Act of 1977, or

(iii) section 46 of the Act of 2015.

6. Any question referred to the Court by the Labour Court under section 44(6) of the Act of 2015 shall be brought by originating notice of motion, entitled in the matter of the Workplace Relations Act 2015 , on the application of the Labour Court. The originating notice of motion shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the Labour Court.

7. No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs.”

“Order 106

Proceedings under the Employment Equality Acts 1998 and 2004 and the Workplace Relations Act 2015

1. In this Order:

“the Act” means the Employment...