S.I. No. 17/1995:

MATERNITY PROTECTION (DISPUTES AND APPEALS) REGULATIONS, 1995.

MATERNITY PROTECTION (DISPUTES AND APPEALS) REGULATIONS, 1995.

I, MERVYN TAYLOR, Minister for Equality and Law Reform, in exercise of the powers conferred on me by sections 30 (5), 31 (1) and 33 (2) of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations:

1. These Regulations may be cited as the Maternity Protection (Disputes and Appeals) Regulations, 1995 and shall come into operation on the 30th day of January, 1995.

2. In these Regulations--

"the Act" means the Maternity Protection Act, 1994 (No. 34 of 1994);

"dispute" means a dispute to which Part V of the Act applies and "appeal" shall be construed accordingly;

"notice of appeal" means a notice under section 33 (2) of the Act;

"notice of dispute" means a notice under section 31 (1) of the Act;

"the Register" has the meaning given by Regulation 9 (1);

"the Tribunal" means the Employment Appeals Tribunal.

3. (1) A notice of dispute or notice of appeal shall specify--

( a ) the name and address of the party referring the dispute or bringing the appeal;

( b ) the name and address of the other party to the dispute or appeal; and

( c ) particulars of the facts or contentious which the party referring the dispute or bringing the appeal will put forward at the hearing.

(2) A party to a dispute or appeal ("the respondent") who receives from a rights commissioner or the Tribunal a copy of a notice of dispute or notice of appeal shall, within 14 days of the receipt of that notice, or within such longer period as the rights commissioner or Tribunal may allow, by notice--

( a ) indicate to the rights commissioner or Tribunal whether the respondent intends to contest the dispute or appeal; and

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

(3) If the respondent does not comply with paragraph (2), he shall be treated for the purposes of these Regulations as having given notice under that paragraph that he does not intend to contest the dispute or appeal in question.

(4) A mistake of a formal nature shall not operate to invalidate a notice under this Regulation.

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

( a ) a notice of appeal, or

( b ) a notice under Regulation 3 (2) indicating an intention to contest the appeal,

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 the facts or contentious which that party will put forward at the hearing.

(2) As soon as may be after the receipt by the Tribunal of further particulars furnished by a party to an appeal pursuant to a notice from the Tribunal under paragraph (1), the Tribunal shall send a copy of those further particulars to the other party concerned.

5. (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 thereof 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 paragraph (4), 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 an association of employers or, with the leave of the Tribunal, by any other person.

(4) Unless the Tribunal at its discretion otherwise directs, paragraph (3) does not apply to a party who has (or is treated as having) given notice under Regulation 3 (2) that he does not intend to contest the appeal.

6. (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 admit any duly authenticated written statement as prima facie evidence when ever it thinks it just and proper to do so.

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

(4) 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.

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

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

8. 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.

9. (1) The Tribunal shall maintain a register (in these Regulations referred to as "the Register") in which shall be entered particulars of every determination by the Tribunal under Part V 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 8, 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 determination concerned.

10. (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) Cost shall not be awarded in respect of attendance at the appeal by any party or any person representing a party by virtue of Regulation 5 (3).

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

11. (1) Subject to paragraph (2), the Tribunal may, at its discretion, award 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, 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 ) the appellant or the respondent; or

( b ) any person representing a party by virtue of Regulation 5 (3).

(3) Any sums awarded under paragraph (1) shall be paid out of the Social Insurance Fund.

12. (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, Labour Relations Commission, Dublin 4.

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

GIVEN under my Official Seal, this 30th day of January, 1995.

MERVYN TAYLOR,

Minister for Equality and Law

Reform.

EXPLANATORY NOTE.

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 the Maternity Protection Act, 1994 . 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.