STATUTORY INSTRUMENTS.

S.I. No. 6 of 1999.

REGULATIONS

PARENTAL LEAVE (DISPUTES AND APPEALS) REGULATIONS, 1999

S.I. No. 6 of 1999.

PARENTAL LEAVE (DISPUTES AND APPEALS) REGULATIONS, 1999

I, JOHN O'DONOGHUE, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 3, 18(4) and 19(2) of the Parental Leave Act, 1998 (No. 30 of 1998) , and having, in accordance with section 3(2) of that Act, consulted persons whom I consider to be representative of employers generally and employees generally, hereby make the following regulations:

1. These Regulations may be cited as the Parental Leave (Disputes and Appeals) Regulations, 1999, and shall come into operation on the 20th day of January, 1999.

2. (1) In these Regulations --

“the Act” means the Parental Leave Act, 1998 (No. 30 of 1998) ;

“dispute” means a dispute to which Part IV of the Act applies and “appeal” shall be construed accordingly;

“notice of appeal” means a notice under section 19(2) of the Act;

“notice of dispute” means a notice under section 18(4) of the Act;

“the Tribunal” means the Employment Appeals Tribunal.

(2) In these Regulations --

(a) a reference to a Regulation is a reference to a Regulation of these Regulations, and

(b) a reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs.

3. A notice of dispute shall specify --

(a) the name and address of the party referring the dispute,

(b) the name and address of the other party to the dispute,

(c) the nature of the dispute,

(d) particulars of any facts or contentions which the party referring the dispute will put forward at the hearing,

(e) if the dispute relates to parental leave --

(i) the date on which the applicant for the parental leave entered the employment in question,

(ii) the name of the child to whom the parental leave relates,

(iii) the date of the child's birth and, where appropriate, of the relevant adoption order,

(iv) the period of parental leave sought or granted,

(v) the date on which notice of parental leave was given,

(vi) where appropriate, the date of the document confirming parental leave,

(vii) where appropriate, the date on which the parental leave terminated,

(f) if the dispute relates to force majeure leave --

(i) the name and address of the injured or ill person concerned,

(ii) that person's relationship to the employee,

(iii) the nature of the injury or illness,

(iv) the period of force majeure leave taken.

4. (1) A party to a dispute who receives from a rights commissioner a copy of the notice of dispute (“the respondent”) shall, within 14 days of the receipt of the notice, or within such longer period as the rights commissioner may allow, by notice --

(a) indicate to the rights commissioner whether the respondent intends to contest the dispute, and

(b) if the respondent does so intend, specify the facts or contentions which the respondent will put forward at the hearing.

(2) A copy of a notice by the respondent under paragraph (1) shall be given by the rights commissioner to the other party to the dispute as soon as practicable after its receipt.

5. (1) The rights commissioner may request the parties to a dispute to furnish him or her with particulars in relation to the dispute and may invite them to make submissions, either orally or in writing, in relation to it.

(2) The rights commissioner may, if he or she considers it appropriate, convene an oral hearing at which he or she may put questions to the parties, and request the production of documents by them, in relation to the matters in dispute.

(3) Where one of the parties fails or refuses, without just cause, to attend an oral hearing convened under paragraph (2), the rights commissioner may proceed with the hearing in that party's absence.

(4) The rights commissioner may draw such inferences, as to him or her appear proper, from a failure or refusal by a party to comply with a request under paragraph (1) or (2) or to answer a question put to the party by the rights commissioner.

6. A notice of appeal shall specify --

(a) the name and address of the party bringing the appeal,

(b) the name and address of the other party to the appeal,

(c) the date on which the decision or direction to which the appeal relates was made and the name of the rights commissioner who made it,

(d) particulars of any facts or contentions which the party bringing the appeal will put forward at the hearing.

7. (1) A party to an appeal who receives from the Tribunal a copy of the notice of appeal (“the respondent”) and who wishes to contest the appeal, or to appear or be heard at the hearing thereof, shall enter an appearance to it by giving a notice of appearance in writing to the Tribunal within 14 days (or such longer period as the Tribunal may fix under paragraph (3)) of the receipt by the party of a copy of the notice of appeal.

(2) A notice of appearance shall contain a brief outline of the grounds upon which the matter under appeal will be contested.

(3) The respondent may apply to the Tribunal by notice in writing for an extension of the period within which to enter an appearance stating the grounds for the application, and the Tribunal may extend the time within which to enter an appearance by such period as the Tribunal considers appropriate, if satisfied that there are reasonable grounds for so doing.

(4) A copy of a notice of appearance shall be given by the Tribunal to the other party to the appeal as soon as practicable after its receipt.

(5) A respondent who does not enter an appearance shall not be entitled to take part in, or to be present or represented at, any proceedings before the Tribunal relating to the matter under appeal.

8. (1) If, after receipt by the Tribunal of a relevant notice, that is to say, --

(a) a notice of appeal, or

(b) a notice of appearance under Regulation 7,

it appears to the chairman of the Tribunal appropriate to do so, the secretary of the Tribunal may, by notice in writing given to the party from whom the relevant notice was received, require that party to furnish to the Tribunal further particulars relating to any facts or contentions which that party will put forward at the hearing.

(2) As soon as practicable after receipt of the further particulars required by the Tribunal under paragraph (1), the Tribunal shall send a copy of those particulars to the other party concerned.

9. (1) The chairman of the Tribunal shall from time to time fix dates, times and places for hearings (including postponed and adjourned hearings) and the secretary to the Tribunal shall give notice of the hearings to all persons appearing to the chairman to be concerned.

(2) The hearing of an appeal by the Tribunal shall take place in public unless, at the request of either party to the appeal, the Tribunal decides to hear the appeal, or any part of it, in private.

(3) Subject to Regulation 7(5), any party to an appeal may appear and be heard in person or may be represented by counsel or a solicitor or by a representative of a trade union or of an association of employers or, with the leave of the Tribunal, by any other person.

10. (1) A party to an appeal may --

(a) make an opening statement,

(b) call witnesses,

(c) cross-examine any witness called by the other party,

(d) give evidence on the party's own behalf, and

(e) address the Tribunal at the close of the evidence.

(2) The Tribunal may postpone or adjourn the hearing of an appeal from time to time.

(3) If, after notice of a hearing has been duly given, either of the parties fails to appear at the hearing, the Tribunal, after considering all the evidence before it, may make a determination on the appeal or may adjourn the hearing to a later date.

11. (1) A determination of the Tribunal on an appeal may be taken by a majority of the members.

(2) The determination shall be recorded in a document signed by the chairman and sealed with the seal of the Tribunal.

12. (1) The Tribunal shall maintain a register (“the Register”) in which shall be entered particulars of every determination by the Tribunal under Part IV of the Act.

(2) The Register may be inspected free of charge by any person during normal office hours.

(3) When the chairman of the Tribunal makes a correction in a determination pursuant to Regulation 16, particulars of the correction shall be entered in the Register.

(4) The Tribunal shall ensure that a copy of an entry in the Register is given to the parties to the appeal concerned.

13. (1) Subject to paragraph (2), the Tribunal may at its discretion award, out of the Social Insurance Fund, to persons appearing before it and whose appearance is deemed essential by the Tribunal --

(a) travelling expenses and subsistence allowances in accordance with such scale as the Minister for Justice, Equality and Law Reform, after consultation with the Minister for Enterprise, Trade and Employment and with the consent of the Minister for Finance, may determine, and

(b) such sum in respect of expenses for loss of remunerative time as the Tribunal considers reasonable.

(2) The Tribunal shall not make an award under paragraph (1) in respect of the attendance before it of --

(a) any party to the appeal, or

(b) any person representing such a party by virtue of Regulation 9(3).

14. (1) A reference or an appeal may be withdrawn by giving a notice in writing to the rights commissioner or, as the case may be, the Tribunal of the withdrawal of the reference or appeal.

(2) On receipt of a notice under paragraph (1) the rights commissioner or, as the case may be, the Tribunal shall, as soon as practicable, notify the other party to the reference or appeal in writing that it has been withdrawn.

15. The Tribunal may consider and decide --

(a) any question duly referred to it for consideration and determination, and

(b) any appeal duly made to it,

notwithstanding the failure or neglect of any person to comply with any provision of these Regulations.

16. By notice in writing to the parties to a dispute or appeal, a rights commissioner or, as the case may be, the chairman of the Tribunal may correct any mistake (including an omission) of a verbal or formal nature in a decision or determination.

17. (1) Subject to paragraph (2), neither a rights commissioner nor the Tribunal shall award costs against any party to a dispute or an appeal.

(2) If, on an appeal, the Tribunal is of the opinion that a party (including one who has not entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to the other party such sum in respect of travelling expenses and, subject to paragraph (3), any other costs reasonably incurred as the Tribunal considers just.

(3) Costs shall not be awarded in respect of attendance at the appeal by any party or any person representing a party by virtue of Regulation 9(3).

(4) Any amount ordered to be paid under this Regulation shall be recoverable as a simple contract debt.

18. A mistake of a formal nature in a notice required by these Regulations shall not operate to invalidate it.

19. (1) Any notice required by these Regulations to be given to a rights commissioner shall be properly given if sent by registered post addressed to the Rights Commissioner at the Office of the Labour Relations Commission.

(2) Any notice required by these Regulations to be given to the Tribunal shall be properly given if sent by registered post addressed to the Employment Appeals Tribunal.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe procedures to be followed in relation to the hearing of disputes and appeals by a rights commissioner or the Employment Appeals Tribunal under Part IV of the Parental Leave Act, 1998 . They also provide for matters incidental to the hearing of such disputes and appeals, including the contents of notices of dispute and appeal, notifications of decisions and determinations, the fixing of hearings and procedures at hearings and the awarding of costs and expenses.