New Labour Court Rules
NEW LABOUR COURT RULES 2020
On the 30th March 2020, the Labour Court revoked the Labour Court Rules 2019 and replaced them with the Labour Court Rules 2020.
Structure of the new Rules
The Labour Court Rules 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 under section 13(9) and section 20(1) and 20(2) of the Industrial Relations Act 1969 and section 26(1) of the Industrial Relations Act 1990 and the procedures at hearing of industrial relations cases; and
- Part VI deals with compliance notices.
The Main Changes
Appeals may now be submitted electronically by sending it to email@example.com. Appeals submitted by email can be made up to 12 midnight on the 42nd day and the date of receipt will be the date and time automatically recorded on the email system. The date of receipt of appeals sent by ordinary post is the date recorded using a date stamp manually applied on the day the appeal is received by the Court in the ordinary course of its business.
Pending finalisation of its digitisation programme, the parties are required to continue to furnish the Court with hard copies of their submissions. The Court requires that in Parts I and II cases where submissions are made, it is supplied with 4 copies and a further copy is sent directly to the Appellant/Respondent.
The Court requires 6 copies of a party’s submissions in Industrial Relations cases and appeals against Compliance Notices.
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.
Rule 48 sets out what the Court requires where an application for a witness summons is made.
Rule 50 makes clear that recording of Court proceedings are not permitted other than by a recognised Court Stenographer.
Rules 9(h) and 26(f) set out what needs to be included in a witness statement.
The Labour Court has adopted the following Rules which give effect to a number of provisions of the Industrial Relations (Amendment) Act 2015. The Rules are:-
Labour Court (Registered Employment Agreements) Rules 2016
Labour Court (Sectoral Employment Orders) Rules 2016
Labour Court (Exemption from obligation to pay remuneration prescribed by a S.E.O) Rules 2015