S.I. No. 531 of 2006

CIRCUIT COURT RULES (NATIONAL MINIMUM WAGE ACT) 2006

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the section 12 of the section 66 of the section 70 of the section 48 of the 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 10^th day of October 2006.

(Signed): Mathew Deery

(Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Gerard J. Doherty

Joe Deane

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 17^th day of October 2006

Signed: Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.531 of 2006

CIRCUIT COURT RULES (NATIONAL MINIMUM WAGE ACT) 2006

1.  These Rules, which may be cited as the Circuit Court Rules (National Minimum Wage Act) 2006, shall come into operation on the 14^th day of November 2006.

2.  These Rules shall be construed together with the Circuit Court Rules 2001.

3.  Order 57 of the Circuit Court Rules is amended by the insertion immediately following Rule 9 of the following rule:

-�Rule 10 - National Minimum Wage Act 2000

10.(1)   In this Rule:

-�the Act-� means the National Minimum Wage Act 2000 (No. 5 of 2000);

-�a determination of the Labour Court-� means a determination given by the Labour Court in accordance with Section 29 or Section 31 of the Act, and

-�the Minister-� means the Minister for Enterprise, Trade and Employment.

(2)       All applications under Section 32 of the Act by way of claim for enforcement of determinations of the Labour Court by the employee concerned or, with the consent of the employee, by any trade union of which the employee is a member, or by the Minister shall be made by way of originating Motion on Notice in accordance with Form 36H of the Schedule of Forms annexed hereto with such amendments as are appropriate 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 plaintiff 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 plaintiff.

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

(4)       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 11 of these Rules, 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 Labour Court.

(5)       Save by special leave of the Court, all applications under Section 16 of the Act shall be heard upon oral evidence or as may be determined by the Court.

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

4.  The Form annexed hereto shall be inserted in the Schedule of Forms annexed to the Circuit Court Rules as Form 36H.

FORM 36H

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

IN THE MATTER OF THE NATIONAL MINIMUM WAGE ACT 2000

NOTICE OF MOTION FOR RELIEF UNDER SECTION 32 OF THE NATIONAL MINIMUM WAGE ACT 2000

BETWEEN

Plaintiff

AND

Defendant

Take notice that application will be made to the Court on the           day of or the next opportunity thereafter for the following reliefs:

[Here insert details of the relief sought by way of enforcement.]

And further take notice that the said application will be grounded upon:

1. [here insert the grounds upon which the Applicant is relying for the reliefs sought, to include all facts relevant to the alleged failure to carry out the determination and whether or not an appeal has been brought from the determination and, if no such appeal has been brought, that the time for appeal has elapsed and, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.]

2. [here insert basis of jurisdiction]

3. [here insert name, address and description of the Plaintiff]

4. [here insert the date on which the determination of the Labour Court was communicated to the Applicant]

5. [The following documents must be annexed to this Notice of Motion namely 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 (or the solicitor for such person) as being a true copy of the determination received from the Labour Court and sought to be enforced.]

Dated the           day of

Signed ....................................................................

Plaintiff/Solicitor for the Plaintiff

To: ..............................................................................

The Defendant/Solicitor for the Defendant

And

To: The Labour Court

And

To: The County Registrar

EXPLANATORY NOTE

(This does not form 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 the National Minimum Wage Act 2000 .