Labour Disputes (Arbitration And Settlement) (Industrial Court Procedure) Rules, 2012

AI-assisted research summary: These Rules may be cited as the Labour Disputes (Arbitration and Settlement) (Industrial Court Procedure) Rules, 2012.

AI-assisted research summary: Defines the terms “Act”, “Court” and “Registrar”.

AI-assisted research summary: Labour officers must refer requested disputes to the court in the prescribed form; such references must include a report and all documents; if the officer does not act within eight weeks a party may refer the dispute; the Registrar must in writing require the labour officer to furnish the court with the information referred to.

AI-assisted research summary: When a reference is received under rule 3, the Registrar must file and register it in the form in the Third Schedule and allocate a registration number.

AI-assisted research summary: The Registrar must, within seven days of registering a reference, notify the parties and require memoranda; claimants and respondents must file and serve memoranda and affidavits within seven days of receipt; each party must submit six copies; where the dispute is between an employer and a union the claimant must attach the recognition and collective bargaining agreement.

AI-assisted research summary: A party that wishes to call a witness must list the witness's name and address and attach that list to the memorandum submitted under rule 5; a witness may refuse to answer or produce a document if it would incriminate them.

AI-assisted research summary: A party is entitled to examine a witness it calls and may cross-examine a witness called by the other party.

AI-assisted research summary: Evidence at the hearing must be given on oath or affirmation; documentary evidence must be original or, if an original cannot be found, a certified copy of the original.

AI-assisted research summary: If a party to a dispute misses the prescribed time for filing documents, they may apply to the court for an extension of time; the court may decide the application as it sees fit.

AI-assisted research summary: The Registrar must set the date, place and time for a hearing when the parties have filed memoranda or when filing time has lapsed without an extension; if the Registrar fixed the hearing under that lapse, the parties must rely on the information and documents they submitted.

AI-assisted research summary: In court proceedings, a party may appear personally, by an agent (including a labour union or employer's organisation), or be represented by an advocate.

AI-assisted research summary: On the hearing date fixed under rule 7 the court must call the claimant to present their case and any witnesses; after the claimant closes, the court must call the respondent to present their case; upon closure of the respondent's case the court must call the claimant to reply, and then the hearing is closed.

AI-assisted research summary: If a written notice of a collective withdrawal of labour from an essential service has been given to an employer, the employer must notify a labour officer as soon as practicable; a labour officer must notify the Minister in writing as soon as practicable and in any case within two days of being notified.

AI-assisted research summary: When the Minister is notified of an intended collective withdrawal of labour, the Minister must refer the matter to the court within 5 days.

AI-assisted research summary: A reference under rule 14 must be filed with the Registrar, and the Registrar must allocate a registration number to the reference.

AI-assisted research summary: Registrar must, within five days of registering a reference, require each party to file a memorandum; claimant must, within five days after being required, file and serve a memorandum; respondent must, within five days after service, file a reply.

AI-assisted research summary: The Registrar must set (or fix) the hearing date, time and place within five days in the specified circumstances.

AI-assisted research summary: The court must sit day-to-day and, in essential services disputes, inquire and determine the reference expeditiously and declare findings within twenty one days from the start of the hearing; it may suspend other matters and sit on Sundays and public holidays when necessary.

AI-assisted research summary: The court must decide cases after hearing the parties based on the evidence; decisions should be by consensus of the court members, and if consensus cannot be reached the Chief Judge decides.

AI-assisted research summary: The Chief Judge must announce court awards in the parties' presence; the court must set the effective date (not earlier than the dispute date); and the court may set how long the award remains in force.

AI-assisted research summary: The Registrar of the court must submit to the Minister a copy of every award of the court.

AI-assisted research summary: An award or decision of the court is enforceable like a High Court civil decision; a party who does not abide by it may be held liable for contempt of court.

AI-assisted research summary: A party who is dissatisfied with a decision of the court may appeal to the Court of Appeal.

AI-assisted research summary: A dissatisfied party may appeal a labour officer's decision to the court; appeals lie on questions of law (and, with leave, on questions of fact). The court may confirm, modify or reverse decisions and must follow the rules' dispute hearing procedure.

AI-assisted research summary: The Trade Disputes (Arbitration and Settlement) (Industrial Court ) (Procedure) Rules S.I. 224-3 are revoked.