Circuit Court Rules (Employment Equality Acts 1998 and 2004 ) 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules, which may be cited as the Circuit Court Rules (Employment Equality Acts 1998 and 2004) 2006 shall come into operation on the 26th day of June 2006.
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paragraphs: These Rules shall be construed together with the Circuit Court Rules 2001 to 2006.
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paragraphs: Rule 6 of Order 57 of the Circuit Court Rules 2001 is hereby deleted and substituted by the following:
“Rule 6 - Employment Equality Acts, 1998 and 2004
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paragraphs: In this Rule:
“the Act” means the Employment Equality Act, 1998 (No. 21 of 1998);
“the Authority” means the Equality Authority as provided for at Part V of the Act; a “certified copy” of any decision, determination or other document shall mean a copy of the document concerned certified by the employer or his solicitor or trade representative, or by the chief executive officer of the Employment Authority, or on behalf of the Minister as being a true copy thereof;
“the Director” means the Director of the Equality Tribunal as provided for in section 75 of the Act;
“the Minister” means the Minister for Justice Equality and Law Reform;
“equality officer” shall be construed in accordance with section 75 of the Act.
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paragraphs: Applications served or proceedings taken under a provision of the Act before this Rule shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with this Rule.
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paragraphs: (a) Applications by the Authority for injunctive relief pursuant to Section 10(5) of the Act shall be made by way of originating Motion on Notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him which said affidavit shall exhibit a certified copy or other reproduction of the publication, display or advertisement in question if appropriate, and shall set out:
(i) any facts relevant to the alleged contravention;
(ii) whether or not a contemporaneous reference has been made or is intended to be made to the Director pursuant to section 85 of the Act and if so, the date of such reference or intended reference;
(iii) any other relevant facts.
(b) Applications by the Authority for injunctive relief pursuant to section 65(1) of the Act shall be made by way of originating Motion on Notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said affidavit shall exhibit
(I) a certified copy of the non-discrimination notice and, in the case of an appeal to the Labour Court, a certified copy of the determination of the Labour Court;
(II) proof of service of the non-discrimination notice in accordance with section 62 of the Act;
and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) whether or not there has been any appeal pursuant to section 63 of the Act and, if so, details of the determination of the Labour Court in respect thereof;
(iii) the type of discrimination alleged;
(iv) the date the non-discrimination notice came into operation;
(v) any facts relevant to the alleged discrimination, contravention or failure or the likelihood thereof or any alleged previous discrimination contravention or failure;
(vi) any other relevant facts.
(c) Applications by the Authority for relief pursuant to Section 72(1) of the Act shall be made by way of originating Motion on Notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said affidavit shall exhibit:
(I) a certified copy of the substantive notice and, in the case of an appeal to the Labour Court, a certified copy of the determination of the Labour Court;
(II) proof of service (including the date of service) of the substantive notice in accordance with section 70 of the Act;
and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) whether or not there has been any appeal pursuant to section 71 of the Act and, if so, details of the determination of the Labour Court in respect thereof;
(iii) all material facts relevant to compliance with section 70(3) and 70(4 of the Act;
(iv) the date the substantive notice came into operation;
(v) any facts relevant to the alleged failure to comply with the substantive notice;
(vi) any other relevant facts.
(d) Applications by the Authority for relief pursuant to section 85(5) of the Act shall be made by way of originating Motion on Notice grounded upon affidavit sworn by the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, which said affidavit shall exhibit a certified copy of the decision under section 79(6) of the Act, or where there has been an appeal, of the determination under section 83(4) of the Act; and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) whether or not there is a likelihood of further discrimination or victimisation;
(iii) whether or not there is a likelihood of a further failure to comply with an equal remuneration term or equality clause;
(iv) whether or not there is a likelihood of a further publication or display in contravention of section 10 of the Act;
(v) whether not there is a likelihood of further procuring or attempting to procure as mentioned in section 85 (1) (e) or (f) of the Act, by a person in relation to whom the decision was made, and of the type the subject of the decision;
(vi) the factual bases upon which any or all of the likelihoods aforementioned arise;
(vii) any other relevant facts.
(e) Applications by the Director or the Chairman of the Labour Court or an equality officer for relief pursuant to section 96(1) of the Act shall be made by way of originating Motion on Notice grounded upon affidavit sworn by the Director or the Chairman, as appropriate, or by an appropriate officer duly authorised by the Director or the Chairman, or by an equality officer which said affidavit shall, as appropriate, exhibit all documentation relating to directions, given under section 94(2) (b) or section 95(1) of the Act, or both of those provisions, as appropriate and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) the applicable requirements under section 94(2) (b) or section 95(1) of the Act, or both of those provisions, as appropriate;
(iii) the nature of the failure alleged;
(iv) any other relevant facts.
(f) Applications pursuant to this sub-rule, shall be served no later than 10 days prior to the return date set out in the Motion in accordance with the provisions as to the service of Civil Bills and other documents contained in Order 11 of these Rules.
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paragraphs: (a) Applications under section 10(5) of the Act shall, in accordance with section 10(6) of the Act, be brought in the County where the person by whom the advertisement was published or displayed or caused to be published or displayed ordinarily resides or carries on any profession, business or occupation.
(b) Applications under section 65 of the Act shall in accordance with section 65(3) of the Act, be brought in the County where the person on whom the non-discrimination notice was served ordinarily resides or carries on any profession business or occupation.
(c) Applications under section 72 of the Act shall, in accordance with section 72(2) of the Act, be brought in the County where the person on whom the substantive notice was served ordinarily resides or carries on any profession, business or occupation.
(d) Applications under section 85(5) of the Act shall, in accordance with section 85(6) of the Act, be brought in the County where the person specified in the Authority's motion ordinarily resides or carries on any profession, business or occupation.
(e) Applications under section 91 of the Act shall, in accordance with section 91(8 of the Act, be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.
(f) Applications under section 96(1) of the Act shall, in accordance with section 96(4) of the Act, be brought in the County where the respondent ordinarily resides or carried on any profession, business or occupation.
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paragraphs: Save by special leave of the Court, all applications under Sections 10(5), 65(1) 72, 85(5) and 96(1) of the Act shall only be heard upon affidavit.