Order 105 - Appeals and references from the Labour Court
1. In this Order:
“the Act of 1967” means the Redundancy Payments Act 1967 ;
“the Act of 1977” means the Unfair Dismissals Act 1977 ;
“the Act of 2015” means the Workplace Relations Act 2015 .
2. Every appeal to the Court under:
(i) section 40 of the Act of 1967, or
(ii) section 10A of the Act of 1977, or
(iii) section 46 of the Act of 2015,
shall be brought by originating notice of motion.
3. The originating notice of motion shall be entitled in the matter of the relevant Act, on the application of the person bringing the appeal, and shall state the decision of the Labour Court appealed against and the grounds of appeal.
4. The originating notice of motion shall be served on the Minister for Business, Enterprise and Innovation and on all parties to the decision of the Labour Court.
5. The originating notice of motion shall be issued within the time limit specified for appeals to the Court from the Labour Court in (as the case may be):
(i) section 40 of the Act of 1967, or
(ii) section 10A of the Act of 1977, or
(iii) section 46 of the Act of 2015.
6. Any question referred to the Court by the Labour Court under section 44(6) of the Act of 2015 shall be brought by originating notice of motion, entitled in the matter of the Workplace Relations Act 2015 , on the application of the Labour Court. The originating notice of motion shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the Labour Court.
7. No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs.
Order 105 substituted in full by SI 257 of 2020, effective 7 August 2020.