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Making Your Submission

The purpose of a written submission is to aid the Court members’ understanding of the party’s position/arguments on the issue(s) being complained of or in dispute.

The submission is an opportunity for each party to set out their case and state the reasons why they believe that their case should succeed.

In employment rights cases, in addition to the submissions, parties are required to submit details of witnesses, if any, to be heard as part of an appeal; witness statements should also be included. The Court does not take sworn evidence in industrial relations cases.

 

All documentation submitted to the Court either in advance, during or after a hearing is also made available to the other party in the case. The Court will not accept information from one party on a private and confidential basis.

Submissions in cases referred under the Industrial Relations Acts and appeals made under Employment Rights Enactments* (Click to expand)

*Excluding the Employment Equality Act, the Unfair Dismissals Act, the Safety Health & Welfare at Work Act and the Protected Disclosures Act

The main body of the written submission should be no more than 4 to 5 pages with relevant supporting documentation included as appendices. If a party wishes to draw the Court’s attention to legal precedents, then a copy of these should be included with the submission.

All pages of the submission, the appendices and any other submitted documentation should be numbered for ease of referral at the hearing.

In respect of an employment rights case, the parties to an appeal must provide the Labour Court with four copies of their written submissions not later than 10 working days in advance of a hearing. A further copy must be exchanged with the other side. Confirmation that the submissions have been exchanged between the parties must be given to the Court.

In respect of an industrial relations case, the parties to an appeal must provide the Labour Court with six copies of their respective written submissions not later than 7 working days in advance of the date set for the hearing.

Submissions of Appeals under the Employment Equality Act, the Unfair Dismissals Act, the Safety Health & Welfare at Work Act and the Protected Disclosures Act (Click to expand)

In the case of appeals under the Employment Equality Act and the Unfair Dismissals Act, the Safety Health & Welfare at Work Act and the Protected Disclosures Act different arrangements apply.

The Court will require the Appellant to submit four copies of its submission within three weeks of lodging the appeal setting out the factual and legal issues relied upon. A further copy must be sent by the Appellant to the Respondent.

The Respondent will then be required to lodge four copies of its submission within a further three weeks, and a further copy should, similarly, be copied by the Respondent to the Appellant at the same time. Confirmation that the submissions have been exchanged between the parties must be given to the Court.

The submissions should be accompanied by a statement of the number of witnesses, if any, that the party filing the submission intends to call at the hearing of the appeal. This information is required to facilitate the Court in estimating the time required for the hearing. When all such submissions have been received, then and only then will these cases be set down for a hearing.

Your Submission must be sent to: 

Labour Court, Lansdowne House, Lansdowne Road, Ballsbridge, Dublin 4, DO4A3A8