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New Labour Court Rules

2016 Rules revoked

The Labour Court has revoked the Labour Court (Employment Rights Enactment) Rules 2016 and replaced them with the Labour Court Rules 2019.

When do the new Rules apply?

The new Rules apply with effect from the 21 January 2019.

Structure of the new Rules

The Labour Court Rules 2019 comprise six parts (Parts I – VI):

Part I deals with the rules relating to appeals under the Unfair Dismissals Acts 1977-2015 and the Employment Equality Acts 1998-2015;

Part II deals with the rules relating to other employment enactments;

Part III deals with the procedures at hearing for all Part I and Part II cases;

Part IV and Part V deal with Industrial Relations cases and the procedures at hearing of Industrial Relations cases; and

Part VI deals with compliance notices.

The Main Changes

The Court requires that in Part I & II cases where submissions are made, it is supplied with 5 copies and a further copy is sent directly to the Appellant/Respondent.

Witness statements should be submitted with submissions.

In relation to Part II cases, submissions should be made not later than 10 working days before the date fixed for the hearing of an appeal.

Clarifications

Rule 45 sets out what the Court requires where an application for a witness summons is made.

Rule 47 makes clear that recording of Court proceedings are not permitted other than a recognised Court Stenographer.

Rules 9(h) & 25(f) set out what needs to be included in a witness statement.

 
 

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