Circuit Court Rules (Carer's Leave Act 2001), 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Rules, which may be cited as the Circuit Court Rules (Carer's Leave Act 2001), 2005, shall come into operation on the 4th day of August 2005.
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paragraphs: The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 2001, as amended.
ORDER 57 Rule 8 — Carer's Leave Act, 2001
(CARER'S LEAVE ACT, 2001) (No. 19 of 2001)
Rule One
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paragraphs: In this Order “the Act” means the Carer's Leave Act 2001 (No. 19 of 2001), and “the Tribunal” means the Employment Appeals Tribunal and “commissioner” means a rights commissioner and “the Minister” means the Minister for Enterprise, Trade and Employment.
Rule Two
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paragraphs: All applications served or proceedings taken before these Rules 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 application made or proceedings taken in accordance with these Rules.
Rule Three
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paragraphs: Applications for the enforcement of decisions of a commissioner or determinations of the Tribunal, whether such application be made by the party in whose favour the decisions or determinations were made or by the Minister, shall, pursuant to section 22 of the Act be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decisions or determinations or, in the case of the Minister by an appropriate officer duly authorised by the Minister, which said Affidavit shall exhibit
(a) a certified copy of the decision of the commissioner or a certified copy of the determination of the Tribunal and
(b) a certified copy of the covering letter from the commissioner or the Tribunal issued to the Applicant with the aforementioned decisions of the commissioner or determination of the Tribunal;
(c) a copy Notice of Appeal, if applicable;
and shall set out
(i) all the facts relevant to the alleged failure to carry out the decisions or determinations;
(ii) whether or not an appeal has been brought from the decisions or determinations 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.
Rule Four
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paragraphs: Applications shall, in accordance with section 22(4) of the Act, be brought in the County where the relevant employer ordinarily resides or carries on any profession business or occupation.
Rule Five
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paragraphs: Notice of every application shall be given to the employer or employers in question and to the Tribunal and the commissioner as appropriate 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 by the delivery of a copy of the application at, or by sending the same by pre-paid registered post to the Office of the Secretary of the Tribunal or to the commissioner, Labour Relations Commission as appropriate.
Rule Six
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paragraphs: Save by special leave of the Court, all applications under Section 22 of the Act shall be heard only upon Affidavit.
Rule Seven
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paragraphs: The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.
EXPLANATORY NOTE.
(This note is not 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 Carer's Leave Act, 2001 .