STATUTORY INSTRUMENTS.

S.I. No. 880 of 2004 .

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACT, 1998), 2004

S.I. No. 880 of 2004 .

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACT, 1998), 2004

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 17th day of July, 2003.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Patrick Hunt

Fergal Foley

Gerard Doherty

Joe Deane

Edmund Carroll

P J Fitzpatrick

Susan Ryan (Secretary)

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

Dated this 23rd day of December, 2004.

Signed: MICHAEL McDOWELL

Minister for Justice, Equality, and Law Reform

S.I. No. 880 of 2004

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY ACT, 1998), 2004.

1. These Rules, which may be cited as the Circuit Court Rules (Employment Equality Act, 1998), 2004 shall come into operation on the 23rd day of December 2004.

2. The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.

ORDER 57 Rule 6 -- Employment Equality Act, 1998 (EMPLOYMENT EQUALITY ACT, 1998 ( No. 21 of 1998 ))

Rule One

1. In this Order “the Act” means the Employment Equality Act, 1998 (No. 21 of 1998), and “the Authority” means the Equality Authority as provided for at Part V of the Act and “the Director” means the Director of Equality Investigation as provided for at section 75 of the Act and “the Court” means the Circuit Court and “the Minister” means the Minister for Justice, Equality and Law Reform. “Equality Officer” shall be construed in accordance with section 75 of the Act. A “certified copy” of any decision, determination or other document shall mean a copy of the document concerned certified by the employer of his solicitor or his trade representative or on behalf of the Minister as being a true copy thereof.

Rule Two

2. All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as application made or proceedings taken in accordance with these Rules.

Rule Three

3. (a) INJUNCTIVE RELIEF -- ADVERTISING

Applications by the Authority for injunctive relief pursuant to section 10(5) of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said Affidavit shall exhibit a certified copy or other reproduction of the publication, display or advertisement in question, if appropriate, and shall set out

(i) any facts relevant to the alleged contravention;

(ii) whether or not a contemporaneous reference has been made or is intended to be made to the Director pursuant to section 85 of the Act and, if so, the date of such reference or intended reference;

(iii) any other relevant facts.

(b)  INJUNCTIVE RELIEF -- FAILURE TO COMPLY WITH NON-DISCRIMINATION NOTICE

Applications by the Authority for injunctive relief pursuant to section 65 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said Affidavit shall exhibit

(A)   a certified copy of the non-discrimination notice and, in the case of an appeal to the Labour Court, a certified copy of the determination of the Labour Court;

(B)   proof of service of the non-discrimination notice in accordance with section 62 of the Act;

and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) whether or not there has been any appeal pursuant to section 63 of the Act and, if so, details of the determination of the Labour Court in respect thereof;

(iii) the type of discrimination alleged;

(iv) the date the non-discrimination notice came into operation;

(v) any facts relevant to the alleged discrimination, contravention or failure or the likelihood thereof or any alleged previous discrimination, contravention or failure;

(vi) any other relevant facts

(c)  ENFORCEMENT OF SUBSTANTIVE NOTICES

Applications by the Authority for relief pursuant to section 72 of the Act shall be made by way of origination Motion on Notice grounded upon Affidavit sworn by the Chief Executive Officer if the Authority or an appropriate officer duly authorised by him, which said Affidavit shall exhibit

(A) a certified copy of the substantive notice and, in the case of an appeal to the Labour Court, a certified copy of the determination of the Labour Court;

(B) proof of service (including the date of service) of the substantive notice in accordance with section 70 of the Act;

and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) whether or not there has been any appeal pursuant to section 71 of the Act and, if so, details of the determination of the Labour Court in respect thereof;

(iii) all material facts relevant to compliance with section 70(3) and 70(4) of the Act;

(iv) the date the substantive notice came into operation;

(v) any facts relevant to the alleged failure to comply with the substantive notice;

(vi) any other relevant facts

(d)  INJUNCTIVE RELIEF PURSUANT TO SECTION 85

Applications by the Authority for relief pursuant to section 85(5) of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said Affidavit shall exhibit a certified copy of the decision or determination under section 79(6) of the Act. or where there has been an appeal, a determination under section 83(4) of the Act;

and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) whether or not there is a likelihood of further discrimination or victimisation;

(iii) whether or not there is a likelihood of a further failure to comply with an equal remuneration term or equality clause;

(iv) whether or not there is a likelihood of a further publication or display in contravention of section 10 of the Act;

(v) whether or not there is a likelihood of further procuring or attempting to procure as mentioned in section 85(1)(e) or (f) of the Act, by a person in relation to whom the decision was made, and of the type the subject of the decision;

(vi) the factual bases upon which any or all of the likelihood aforementioned arise;

(vii) any other relevant facts.

(e)  PRODUCTION OR DOCUMENTS AND SUPPLY OF INFORMATION

Applications by the Director or the Chairman of the Labour Court or an equality officer for relief pursuant to section 96(1) of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Director or the Chairman, as appropriate, or by an appropriate officer duly authorised by Director Chairman, or by an equality officer which said Affidavit shall, as appropriate, exhibit all documentation relating to directions, given under section 94(2)(b) and/or section 95(1) of the Act, as appropriate; and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) the applicable requirements under section 94(2)(b) and/or section 95(1) of the Act;

(iii) the nature of the failure alleged;

(iv) any other relevant facts.

Rule Four -- Venue

4. (a) Applications under section 10(5) of the Act shall, in accordance with section 10(6) of the Act, be brought in the County where the person by whom the advertisement was published or displayed or caused to be published or displayed ordinarily resides or carries on any profession, business or occupation.

(b) Applications under section 65 of the Act shall, in accordance with section 65(3) of the Act, be brought in the County where the person on whom the non-discrimination notice was served ordinarily resides or carries on any profession, business or occupation.

(c) Applications under section 72 of the Act shall, in accordance with section 72(2) of the Act, be brought in the County where the person on whom the substantive notice was served ordinarily resides or carries on any profession, business or occupation.

(d) Applications under section 85(5) of the Act, be brought in accordance with section 85(6) of the Act, be brought in the County where the person specified in the Authority's motion ordinarily resides or carries on any profession, business or occupation.

(e) Applications under section 96(1) of the Act shall, in accordance with section 96(4) of the Act, be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.

Rule Five -- Evidence

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.

Rule Six -- Employment Law Civil Bills

6. (a) Applications for relief pursuant to section 77(3) of the Act shall be instituted by the issuing of an Employment Law Civil Bill in the form specified Form 1 annexed hereto or such modification thereof as may be appropriate in the circumstances. For the purposes of such applications, the compliant shall be the plaintiff and the respondent shall be the defendant.

(b) Applications under this Order shall be brought in the County where the defendant resides or ordinarily carries on any professions, business or occupation.

(c) All Employment Law Civil Bills shall be served in accordance with Order 11 of these Rules.

(d) All Employment Law Civil Bills 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.

(e)  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 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 2 annexed hereto or as near thereto as the circumstances admit.

(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 therein.

(g) Save by special leave of the Court, all applications made under Rule 6 of this application, shall be heard on oral evidence.

(h) An application for extension of time under section 77(6) 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 section 77(3) which said affidavit shall set out the exceptional circumstances which prevented the plaintiff from complying with the time limits prescribed by section 77(5) of the Act.

Rule Seven -- Appeal from the Labour Court and Claims for Enforcement

7. (a) All applications under section 90 of the Act or under section 91 of the Act whether by way of appeal from the Labour Court or 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 Forms 3 or 4 annexed hereto, as appropriate.

(b) All such applications shall be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.

(c) All applications pursuant to this 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 as acting for the person named as defendant before the Court and to the Labour Court or to the Director of Equality Investigations as appropriate; and service of an application or any other document upon such solicitor, or delivery of same at this 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,

(d) The following documents shall as appropriate, be filled with the application:

in the case of an appeal, certified copy of the determination of the Labour Court with date of determination therein or, in the case of enforcement, of the decision of the Director with the date of determination or decision thereon or, in the case of a mediated settlement pursuant to section 78(5), a certified copy of the written record of the settlement together with the date of such written record;

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

(ii) any other relevant documentation.

(e) Every application made by way of an appeal from a determination of the Labour Court under section 90 shall contain a statement of the grounds upon which the plaintiff intends to rely and, in the case of enforcement, in particular, details of the failure by the person affected to comply with the determination, decision or mediated settlement pursuant to section 78(5), as appropriate, and, if applicable, of the abandonment of an appeal.

(f) All applications shall be dated, and bear the name, address and description of the plaintiff and shall be signed by his solicitors, if any, and, if none, by the plaintiff.

(g) 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.

(h) Save by special leave of the Court or save as provided for by the Act, all applications under sections 90 and 91 of the Act shall be heard upon oral evidence.

Rule Eight -- Ex Parte Applications for leave to search a dwelling

8. Applications pursuant to section 94(4) of the Act shall be made ex parte in the matter of the proceedings pursuant to section 77(3) of the docket 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 material 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.

Rule Nine-Costs

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

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 applications brought under the Employment Equality Act, 1998 .

FORM 1

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF SECTION 77(3) OF THE EMPLOYMENT EQUALITY ACT, 1998

EMPLOYMENT LAW CIVIL BILL

You are hereby required within ten days after the service of this Civil Bill upon you to enter or cause to be entered with the County Registrar at his/her office at              an Appearance to answer the claim of            , of                , the Plaintiff herein.

AND TAKE NOTICE that unless you do enter an Appearance you will be held to have admitted the said claim and application may be made to the Court in your absence for the orders sought herein.

AND FURTHER TAKE NOTICE that, if you intend to defend the proceedings on any grounds, you must not only enter an Appearance, but also, with ten days after Appearance, deliver a statement in writing showing the nature and grounds of your Defence.

The Appearance may be entered by posting same to the said office and by giving copies thereof to the Plaintiff or his Solicitor by post and the Defence may be delivered by posting same to the Plaintiff or his Solicitor.

Dated this              day of          20

Signed:

Plaintiff/Solicitor for the Plaintiff

To:

Defendant/Solicitor for the Defendant

And

To:

The County Registrar.

INDORSEMENT OF CLAIM

(Insert details of the Plaintiffs claim including the basis upon which jurisdiction is claimed)

THE PLAINTIFF CLAIMS:

(Insert details of reliefs sought by the Plaintiff)

Plaintiff/Solicitor for the Plaintiff

FORM 2

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF SECTION 77(3) OF THE EMPLOYMENT EQUALITY ACT, 1998

DEFENCE

Defence of the Defendant              of              delivered the day of            by Defendant/Solicitor for the Defendant.

(Here insert details of the defence)

(Here insert details of COUNTERCLAIM and reliefs sought by way of counterclaim if appropriate)

Dated this          day of        20

Signed:--

Plaintiff/Solicitor for the Plaintiff

And

To:

The County Registrar.

FORM 3

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF SECTION 90 OF THE EMPLOYMENT EQUALITY ACT, 1998

NOTICE OF MOTION

TAKE NOTICE that application will be made to the Court on the or the next opportunity thereafter for the following reliefs:

(Here insert details of relief sought)

AND FURTHER TAKE NOTICE that the said application will be grounded upon:

1. (Here insert grounds upon which the Plaintiff is relying for the reliefs sought)

2. (Here insert the basis of jurisdiction)

3. (Here insert the name, address and description of the Plaintiff)

4. (The following documents must be annexed to this Notice of Motion namely a certified copy of the determination of the Labour Court with the date of the determination thereon, the original or a certified copy of the letter from the Labour Court notifying the making of the said determination, certified copies of all notices, pleadings, documents and particulars provided by either party to the Labour Court and any other relevant documentation).

Dated this            day of          20

Signed:

Plaintiff/Solicitor for the Plaintiff

To:

Defendant/Solicitor for the Defendant

And

To: The County Registrar.

FORM 4

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF SECTION 91 OF THE EMPLOYMENT EQUALITY ACT, 1998

NOTICE OF MOTION

TAKE NOTICE that application will be made to the Court on the or the next opportunity thereafter for the following reliefs:

(Here insert details of relief sought by way of enforcement)

AND FURTHER TAKE NOTICE that the said application will be grounded upon:

5. (Here insert grounds upon which the Plaintiff is relying for the reliefs sought and in particular details 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)

6. (Here insert the basis of jurisdiction)

7. (Here insert the name, address and description of the Plaintiff)

8. (The following documents must be annexed to this Notice of Motion namely a certified copy of the determination of the Labour Court or the decision of the Director with the date of the determination or decision thereon or in the case of a or 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, the original or a certified copy of the letter from the Labour Court notifying the making of the said determination, certified copies of all notices, pleadings, documents and particulars provided by either party to the Labour Court and any other relevant documentation).

Dated this              day of            20

Signed:

Plaintiff/Solicitor for the Plaintii

To:

Defendant/Solicitor for the Defendant

And

To:

The County Registrar.