Procedure of Secretariat in handling appeals and notices of appearance
In every case of a claim by an employee against an employer, a copy of the claim will be sent to the employer by the Secretariat of the Tribunal. This will be sent with a form which is known as a Notice of Appearance (Form T2).
If the employer intends to contest the application he/she should, within 14 days of receiving a copy of the claim, indicate by way of a counter statement on Form T2 the grounds for contesting the claim and return the form to the Secretariat of the Tribunal. A copy of the employer’s counter statement will be supplied to the employee.
If the employer does not submit the counter statement he/she will not be entitled, as of right, to take part in the proceedings unless the Tribunal at its discretion decides to hear the case. Parties will assist themselves and the Tribunal greatly by giving as much detail as possible on the Notice of Appeal Form and on the Notice of Appearance Form respectively.
Attention is drawn to the provision in the regulations under which the Tribunal may require any party to an appeal to furnish in writing further particulars with regard to the facts and contentions contained in either the Notice of Appeal or the Notice of Appearance. When the required particulars have been received by the Tribunal, it shall furnish the other party to the appeal with a copy of the particulars provided. If either party intends submitting any documents to the Tribunal at the hearing, then the original and at least five copies of the document(s) should be brought to the hearing - three for the Tribunal members, one for the Secretary, and one for the other side. Subject to good cause being given, an employer may be granted an extension of the time limit for entering an appearance or making a counter statement, provided, as a general rule, he applies for this extension within the 14 days mentioned.
The procedure in the case of an appeal against a decision of a Deciding Officer or a decision by the Minister is slightly different but is in general conformity with the practice of supplying a copy of the counter statement to the claimant or appellant (the person making the appeal).
The effect of the procedures outlined is that at a hearing of the Tribunal the parties to the dispute will each have had prior access to the Notice of Appeal and the T2 and will know the case that will be made by the other party.
Places and Times of Hearings
A large number of hearings take place in the rooms of the Tribunal at Davitt House, 65a Adelaide Road, Dublin 2, but, in general, hearings are held throughout the country to suit the convenience of the parties to the application. The Secretary of the Tribunal fixes the schedules and venues of hearings. Notice of hearings is usually given to the parties at least three weeks in advance.
Hearings are held in public unless the Tribunal, at the request of either party, decides to hear an appeal in private. A private hearing will be allowed only in special circumstances.
There is a waiting period to have claims heard. Please contact the Tribunal Secretariat for the current waiting period for your area.