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S.I. No. 373/1999 -- Circuit Court Rules (No. 1) (Organisation of Working Time Act, 1997) 1999.

S.I. No. 373/1999 -- Circuit Court Rules (No. 1) (Organisation of Working Time Act, 1997) 1999. 1999 373

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STATUTORY INSTRUMENTS.

S.I. No. 373 of 1999.

CIRCUIT COURT RULES (NO. 1) (ORGANISATION OF WORKING TIME ACT, 1997) 1999.

S.I. No. 373 of 1999.

CIRCUIT COURT RULES (NO. 1) (ORGANISATION OF WORKING TIME ACT, 1997) 1999.

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 1st day of October, 1999.

(Signed): Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Carroll Moran

Anne Dunne

Fergal Foley

Gerard J. Doherty

Joe Deane

Susan Ryan (Secretary)

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

Dated this 25th day of November, 1999

Signed: JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

S.I. No. 373 of 1999 .

CIRCUIT COURT RULES (NO. 1) (ORGANISATION OF WORKING TIME ACT, 1997) 1999.

1. These Rules, which may be cited as the Circuit Court Rules (No. 1) (Organisation of Working Time Act, 1997), 1999, shall come into operation on the 6th day of December, 1999.

2. The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 63B

ORGANISATION OF WORKING TIME ACT, 1997 ( No. 20 of 1997 )

Rule One

1. In this Order, “the Act” means the Organisation of Working Time Act, 1997 (No. 20 of 1997) , “a determination of the Labour Court” shall be interpreted having regard to the provisions of section 29(2) of the Act and “the Minister” means the Minister for Enterprise, Trade and Employment.

Rule Two

2. All applications made 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 applications made or proceedings taken in accordance with these Rules.

Rule Three

3. All applications under Section 29 of the Act by way of claim for enforcement of determinations of the Labour Court by the Minister or by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member shall be made by way of Motion on Notice which shall set out the grounds upon which the Applicant relies for the reliefs sought and which shall have annexed thereto:-- the original determination of the Labour Court or a certified copy of same, certified by the Applicant employee or his trade union or on behalf of the Minister as being a true copy of the determination received from the Labour Court and sought to be enforced and shall state the date on which the determination of the Labour Court was communicated to the Applicant. All such Motions on Notice shall be in accordance with the forms scheduled hereto with such amendments as may be appropriate.

Rule Four

4. Applications shall be brought in the County where the employer concerned ordinarily resides or carries on any profession, business or occupation.

Rule Five

Notice of every application shall be given to the employer or employers in question and to the Labour Court by serving notice of the proceedings (including the Notice of Motion and grounding Affidavits, if any) no later than 10 days prior to the return date specified in the Notice of Motion, in the case of the employer or employers personally in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended or by leaving a true copy of same at the employer's residence or place of business or by pre-paid registered post to the employer's residence or place of business and, in the case of the Labour Court, by leaving a true copy of same at the Offices of the Court or by pre-paid registered post to that address.

Rule Six

6. Save by special leave of the Court, all applications under Section 29 of the Act shall be heard upon oral evidence or as may be determined by the Court.

Rule Seven

7. The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

Rule Eight

8. The Registrar of the Labour Court shall have the right of access to all the information contained on the file kept in the Office of the County Registrar in respect of each application and shall be entitled upon request to receive a copy of any written Judgment delivered by the Judge relating thereto.

SCHEDULE

Form One

CIRCUIT

COUNTY OF

IN THE MATTER OF THE ORGANISATION OF WORKING TIME ACT, 1997, SECTION 29

BETWEEN
	A.B.	Applicant
	AND
	C.D.	Respondent

[Insert name of employer(s) against whom enforcement is sought]

NOTICE OF MOTION

TAKE NOTICE that the above-named Applicant of ______________ in the County of ________________ hereby applies to the Court sitting at ________________________________________ in the County of _____________ pursuant to the provisions of section 29 of the Organisation of Working Time Act, 1997 for redress under the Act, interest and for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the application:

(1) The said (insert name of Applicant) is the employee of the Respondent for the purposes of the said Act.

(2) The Labour Court on the _______ day of _____________ 19_____ has determined that the Applicant be entitled to redress under the said Act and accordingly ordered the Respondent to (insert details of the determination).

(3) The Respondent has failed to carry out the terms of the said determination, which was communicated to the parties on the _________ day of ______________ 19_______

AND TAKE NOTICE that the application will be listed for hearing by the Court on the ________ day of _________________ 19_______ or on the first available day thereafter. (The words “or on the first available day thereafter” should be omitted where the application is made in Dublin.)

Dated the ________ day of _______________ 19_____

SIGNED ________________________________________________

Applicant/Solicitor for Applicant Address

To: ___________________________

______________________________

The above named Respondent/Solicitor for Respondent and The Registrar, Labour Court.

Form Two

CIRCUIT

COUNTY OF

IN THE MATTER OF THE ORGANISATION OF WORKING TIME ACT, 1997, SECTION 29

BETWEEN/

TRADE UNION OF WHICH EMPLOYEE CONCERNED IS A MEMBER/THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT

[delete as appropriate]

Applicant

	AND
	C.D.

[Insert name of employer(s) against whom enforcement is sought]

Respondent

NOTICE OF MOTION

TAKE NOTICE that the Applicant having his/its place of residence at ______________ or having his/its office at ___________________ in the County of ______________ [delete as appropriate] hereby applies to the Court sitting at _____________________________________ in the County of _________________ pursuant to the provisions of section 29 of the Organisation of Working Time Act, 1997 on behalf of (insert name of employee) for redress under the Act, interest and for the costs of the Application.

AND TAKE NOTICE that the Applicant will rely upon the following matters in support of the application:

(1) The said (insert name of employee) is the employee of the Respondent for the purposes of the said Act.

(2) The Labour Court on the ______ day of _______________ 19______ has determined that the said employee be entitled to redress under the said Acts and accordingly ordered the Respondent to (insert details of Labour Court determination).

(3) The Respondent has failed to carry out the terms of the said determination which was communicated to the parties on the __________ day of _______________ 19_______

(4) (In any case in which the Applicant is a trade union) The said (insert name of employee) has consented to this application being brought on his or her behalf and is a member of the Applicant trade union.

AND TAKE NOTICE that the application will be listed for hearing by the Court on the ________ day of________________ 19______ or on the first available day thereafter. (The words “or on the first available day thereafter” should be omitted where the application is made in Dublin.)

Dated the _______ day of _______________ 19________

SIGNED ________________________________________________

Applicant/Solicitor for Applicant (Address)

To: ______________________________

_________________________________

The above named Respondent/Solicitor for Respondent and The Registrar, Labour Court.

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 Section 29 of the Organisation of Working Time Act, 1997 .