S.I. No. 286/1977:

UNFAIR DISMISSALS (CLAIMS AND APPEALS) REGULATIONS, 1977.

UNFAIR DISMISSALS (CLAIMS AND APPEALS) REGULATIONS, 1977.

I, GENE FITZGERALD, Minister for Labour, in exercise of the powers conferred on me by section 17 of the Unfair Dismissals Act, 1977 (No. 10 of 1977), hereby make the following regulations :

1. (1) These Regulations may be cited as the Unfair Dismissals (Claims and Appeals) Regulations, 1977.

(2) These Regulations shall come into operation on the 14th day of September, 1977.

2. In these Regulations--

"the Act" means the Unfair Dismissals Act, 1977 (No. 10 of 1977);

"appeal" means an appeal under section 9 of the Act;

"claim" means a claim under section 8 (1) or section 8 (4) (a) of the Act;

"the Minister" means the Minister for Labour;

"the Tribunal" means the Employment Appeals Tribunal established by the Redundancy Payments Act, 1967 .

3. A notice under subsection (2) of section 8 of the Act to the Tribunal or under subsection (4) of the said section 8 or section 9 (2) of the Act shall specify--

( a ) the name and address of the person bringing the claim or appeal,

( b ) the name and address of the employer or the employee, as the case may be, concerned,

( c ) the date of the commencement of the employment to which the notice relates,

( d ) the date of the dismissal to which the notice relates, and

( e ) the amount claimed by the said person to be the weekly remuneration of the said person in respect of the said employment calculated in accordance with regulations under section 17 of the Act.

4. A claim or appeal may be withdrawn by sending a notification in writing signifying such withdrawal to the tribunal.

5. (1) A party to a claim or appeal who receives notice thereof under section 8 or 9, as the case may be, of the Act and who intends to oppose the claim or appeal shall enter an appearance to the claim or appeal by giving to the Tribunal, within 14 days of the receipt by him of the said notice, a notice in writing stating that he intends to oppose the claim or appeal, as the case may be, and containing the facts and contentions on which he will ground such opposition.

(2) A party to a claim or appeal who does not enter an appearance to the claim or appeal in pursuance of this Regulation shall not be entitled to take part in or be present or represented at any proceedings before the Tribunal in relation to the claim or appeal.

(3) A party to a claim or appeal may, before the expiration of the period referred to in paragraph (1) of this Regulation, apply, by giving to the Tribunal a notice in writing containing the facts and contentions on which he grounds the application, for an extension of the said period and the Tribunal may make such order in relation to the application as it thinks just.

6. On receipt by the Tribunal of a notice referred to in Regulation 3 or 5 of these Regulations or a notification under Regulation 4 of these Regulations, the Tribunal shall cause a copy of the notice or notification, as the case may be, to be given to the other party concerned.

7. The chairman of the Tribunal may, by certificate under his hand, correct any mistake (including an omission) of a verbal or formal nature in a determination of the Tribunal.

8. (1) The Tribunal shall maintain a register, to be known as the Register of Unfair Dismissals Determinations (referred to subsequently in this Regulation as "the Register"), and shall cause to be entered in the Register particulars of every determination by the Tribunal under Section 8 or 9 of the Act.

(2) The Register may be inspected free of charge by any person during normal office hours.

(3) Where the chairman of the Tribunal makes a correction, pursuant to Regulation 7 of these Regulations, particulars thereof shall be entered in the Register.

(4) A copy of an entry in the Register shall be sent to the parties concerned.

9. (1) A notice required by subsection (2) or (4) of section 8 or section 9 (2) of the Act or by these Regulations to be given to the Tribunal may be sent by registered post addressed to the Secretary, Employment Appeals Tribunal, Dublin 4, and a document required by these Regulations to be given to a party to proceedings before the Tribunal may be sent by registered post addressed to the party--

( a ) in case his address is specified in a notice referred to in Regulation 3 of these Regulations, at that address, and

( b ) in the case of a body corporate (being a case to which paragraph (a) of this Regulation does not apply) at its registered office, and

( c ) in any other case, at his known place of residence or at a place where he works or carries on business.

(2) Any such notice or notification as aforesaid that is sent or given to a person authorised to receive it by the person to whom it is required by these Regulations to be given shall be deemed to have been sent to the latter person.

10. Regulations 10 to 17 (2), 19, 20, 20A (inserted by the Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations, 1969 ( S.I. No. 26 of 1969 )), 23 and 24 of the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), shall, with any necessary modifications, and in the case of the said Regulations 20 and 20A, with the modification that a sum awarded by the Tribunal under either such Regulation shall, in lieu of being paid out of the fund referred to therein, be paid by the Minister for Labour with the consent of the Minister for Finance, apply in relation to a claim under Section 8 of the Act, an appeal under section 9 of the Act and proceedings in relation to such a claim or appeal as they apply in relation to appeals provided for by section 39 of the Redundancy Payments Act, 1967 (No. 21 of 1967).

GIVEN under my Official Seal, this 7th day of September, 1977.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe the procedure to be followed in relation to the submission and hearing of claims and appeals before the Employment Appeals Tribunal under the Unfair Dismissals Act, 1977 .