Appeal from Rights Commissioner Service
Guide to Appeals from Rights Commissioner Service
A recommendation by a Rights Commissioner under the following Acts can be appealed to the Tribunal:
- Unfair Dismissals Acts, 1977 to 2001
- Protection of Employees (Employers' Insolvency) Acts, 1984 to 2001
- Organisation of Working Time Act, 1997
- Payment of Wages Act, 1991
- Terms of Employment (Information) Act, 1994 and 2001
- Maternity Protection Act, 1994
- Adoptive Leave Act, 1995
- Protection of Young Persons (Employment) Act, 1996
- Parental Leave Act, 1998
- Protections for Persons Reporting Child Abuse Act, 1998
- European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003
- European Communities (Protection of Employment) Regulations, 2003
- Carer's Leave Act, 2001
- Competition Act, 2002
Claim form T1B should be used by persons who wish to appeal against a Recommendation of a Rights Commissioner under any of the above Acts.
Recommendations of the Rights Commissioner may also be referred to the Tribunal for implementation. Please see the attached link to Form T1-D.
For appeals from the Rights Commissioner Service the following time limits apply:
- Under the Unfair Dismissals Acts an appeal by an employer or employee against a recommendation of a Rights Commissioner in the matter of unfair dismissal must be initiated within 6 weeks of the date on which the recommendation of the Rights Commissioner was given to the parties concerned. This is done by giving written notice of appeal within that period to the Tribunal on the prescribed form (T1B). A copy of the notice will be given by the Tribunal to the other party concerned.
- Under the Maternity Protection Act, either party to a dispute may appeal a decision of a Rights Commissioner to the Employment Appeals Tribunal within 4 weeks of the date on which the decision was communicated to that party.
- Any party appealling a Rights Commissioners decision under the Payment of Wages Act must do so within 6 weeks of the date of the communciation of the decision to him or her and send a copy of the notice of appeal to the opposite party within the same period.
Under the Terms of Employment (Information) Act an appeal against a recommendation of a Rights Commissioner under the Act must be brought within 6 weeks of the date on which the recommendation of the Rights Commissioner was communicated to the parties.
- Under the Adoptive Leave Act an appeal against a decision of a Rights Commissioner must be brought within 4 weeks of the date on which the decision of the Rights Commissioner was communicated to the parties.
- Under the Protection of Young Persons (Employment) Act an appeal against a recommendation of a Rights Commissioner, under the Act, must be brought within 6 weeks of the date on which the recommendation of the Rights Commissioner was communicated to the parties.
- Under the Parental Leave Act an appeal against a decision of a Rights Commissioner must be brought within 4 weeks of the date on which the decision of the Rights Commissioner was communicated to the parties.
- Under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 there is a provision for the Rights Commissioner’s decision to be appealed to the Tribunal within 6 weeks of the date that the decision was communicated.
- Under the European Communities (Protection of Employment) Regulations, 2000 there is a provision for the Rights Commissioner’s decision to be appealed to the Tribunal within 6 weeks of the date that the decision was communicated. Where a Rights Commissioner’s decision has not been carried out a case for implementation may be referred after the six week period has elapsed since the Rights Commissioner’s recommendation has issued to the parties.
- Under the Carer’s Leave Act the decision of the Rights Commissioner may be appealed to the Tribunal within 4 weeks of the date the decision was communicated to the parties. This time limit may be extended for a further period not exceeding six weeks if the Tribunal considers it reasonable to do so having regard to all the circumstances.
- Under the Protections for Persons Reporting Child Abuse Act there is a provision for an appeal from the Rights Commissioner by either party to the Employment Appeals Tribunal within 6 weeks of the date that the decision was communicated. Where a decision of a Rights Commissioner is not implemented, a case may be referred to the Employment Appeals Tribunal.
- Under the Competition Act the decision of the Rights Commissioner may be appealed to the Tribunal within 6 weeks of the date that the decision was communicated.