Determinations of the tribunal
A determination of the Tribunal is recorded in a document signed
by the Chairman and sealed with the seal of the Tribunal. Written
determinations of the Tribunal are final and conclusive, subject
only to the appropriate avenue of legal appeal. While the Tribunal has
limited powers to correct or amend certain technical inaccuracies (see
for example Section 39 of the Organisation of Working Time Act, 1997),
it is not the policy of the Tribunal to revisit matters of evidence or
reconsider its deliberations once a written determination has
issued. Determinations of the Tribunal are entered in a register,
which is open to inspection by any person without charge during normal
hours at the offices of the Secretariat of the Tribunal.
Appeals against determinations of the tribunal
A determination of the Tribunal on any question referred to it
under the Redundancy Payments Acts, the Minimum Notice and Terms of
Employment Acts, the Protection of Employees (Employers’ Insolvency)
Acts, may be appealed by either party to the High Court on a point of
law. A decision of the Tribunal given on appeal from a Rights
Commissioner under the Payment of Wages Act, the Terms of Employment
(Information) Act and the Protection of Young Persons (Employment) Act,
the Parental Leave Act, the Maternity Protection Act, the Protections
for Persons reporting Child Abuse Act, the Adoptive Leave Act and the
Carer’s Leave Act may also be appealed, on a point of law, to the High
Court. Any such appeal to the High Court must be brought as a rule by
special summons served on the Minister for Enterprise, Trade and
Employment, as well as on all parties to the decision of the Tribunal,
within 21 days of the date on which a copy of the decision of the
Tribunal was given to the party appealing. This is subject,
however, to the proviso that the time within which the summons may be
issued may be extended by the Court at any time within six weeks of the
date.
A determination of the Tribunal under the Unfair
Dismissals Acts may be appealed to the Circuit Court by a party within
six weeks from the date of service of the determination.
Under
the Organisation of Working Time Act, parties who receive
determinations which are not favourable to them and who wish to appeal,
should refer to the appeals procedures applicable to the Act with which
the Holiday/Public Holiday complaint was associated. Every document
issued by the Tribunal and sealed with the official seal of the
Tribunal may be received in evidence without further proof. The
Tribunal may also refer a question of Law to the High Court under any
of the above named Acts.