An appeal of an Adjudications Officer’s decision under the various Employment Rights enactments must be made to the Labour Court using the Employment Rights Appeal Form. Please see guidance notes here for further information on the use of this form.
An appeals of an Adjudication’s Officers Recommendation under s13(9) Industrial Relations Act 1969 may be made to the Labour Court using the Section 13(9) Appeal Form. Please see guidance notes here for further information on the use of this form.
The Court hears appeals under all of the various employment law statutes where an individual worker complains of a breach of their statutory employment rights by their employer. Either or both parties may refer an appeal of an Adjudication Officer’s Decision in employment rights cases to the Labour Court.
When the appeal form is received it will be date stamped and this is the date on which it will be deemed to have been received by the Labour Court. The appeal must be initiated by notice in writing delivered to the Court within 42-day from the date of the decision being appealed.
In accordance with the provisions of the Interpretation Act 2005, the date of the decision is day 1 of the 42-day period.
The purpose of the appeal is not to review the Adjudication Officer’s Decision but rather to make the case afresh to the Court.
Where a case under the Industrial Relations Act involving an individual worker has been heard by an Adjudication Officer and a Recommendation has been issued, either party to the dispute may appeal the Recommendation to the Labour Court.
A party to an employment rights appeal may apply to the Labour Court to have the hearing, or part of the hearing, conducted in private due to the existence of special circumstances.
The Labour Court Rules 2022 set out inter alia the requirements regarding the making of an appeal.