The Employment Appeals Tribunal (EAT) is an independent body in Ireland which allows individuals to use this informal and inexpensive way to obtain redress for infringements of certain employment rights. It was set up under Section 39 of the Redundancy Payments Act 1967 and was originally established to adjudicate in disputes about redundancy. Since then its powers have been extended so that it now deals with disputes under a number of employment laws - see 'Rules' below.
The Tribunal consists of 3 people: a Chairperson (with legal qualifications) and one representative each, from panels formed by the trade unions and employer organisations. Anyone sitting on the Tribunal is prohibited from having a personal interest in the case. Hearings are generally open to the public and proceedings may be reported in the media. The secretariat which assists the Tribunal’s administration is provided by the Department of Jobs, Enterprise and Innovation.
Since 4 January 2012 there is a single point of contact and a new single complaint form available on the shared website, workplacerelations.ie.
On 5 April 2012 the Minister for Jobs, Enterprise and Innovation published a Blueprint document detailing the following new workplace relations structures to be set up by the end of 2012. A Workplace Relations Commission will bring together the existing services of the Labour Relations Commission, Rights Commissioner Service, Equality Tribunal, the National Employment Rights Authority and the first instance functions of the Employment Appeals Tribunal. The Labour Court will be the single appeal body for all workplace relations appeals, including those currently heard by the Employment Appeals Tribunal. A Workplace Relations Bill is being drafted to give effect to these changes in autumn 2012.
The Tribunal hears a wide range of disputes concerning employment rights matters and makes legally binding decisions. Depending on the legislation, it hears claims or appeals. Sometimes a claim is made directly to the Tribunal, in other cases it only hears appeals against decisions or recommendations of a Rights Commissioner - see below for more details.
The Employment Appeals Tribunal is established to deal with disputes under the following legislation:
You don’t have to be represented at the Tribunal, but if you wish you may have someone represent you. The Tribunal has published a booklet entitled Guidelines for Persons Representing Parties before the Employment Appeals Tribunal (pdf) which goes through the procedures in some detail.
If you don’t have a representative to present your case, the Tribunal will ensure that you are not at a disadvantage as a result of this. You should make sure you have all the relevant documents such as a P45 or a P60 with you and you should also read the Explanatory Booklet on the Employment Appeals Tribunal (pdf) to ensure you are familiar with the procedures of the Tribunal.
You can make a direct claim to the Tribunal for redundancy and you should do this within 12 months of the date of termination of your employment. You may make a direct claim for unfair dismissal if you or your employer object to a Rights Commissioner hearing. You should do this within 6 months of the date of your dismissal. See "How to apply" below for further details.
Under the following legislation, cases are first heard by a Rights Commissioner. You may then appeal against the decision or recommendation of the Rights Commissioner to the Employment Appeals Tribunal.
Unfair Dismissals Act 1977 to 2001, 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, Protection for Persons Reporting Child Abuse Act 1998, European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, European Communities (Protection of Employment) Regulations 2000 and Carer’s Leave Act, 2001.
The time limit for making an appeal is between 4 and 6 weeks (depending on the particular Act) after the date of the decision or recommendation of the Rights Commissioner
If your claim under the Employers’ Insolvency Scheme has been refused you may make an appeal to the Tribunal.
If a Rights Commissioner has made a recommendation or decision that your employer has not carried out or appealed, after 6 weeks you may apply to the Tribunal to have the decision or recommendation implemented – see "How to apply" below.
There is a backlog of cases awaiting hearing by the Employment Appeals Tribunal. Currently (2012), you will be waiting for more than a year before your case is heard. Exact waiting times for your county can be obtained from the Secretariat of the Employment Appeals Tribunal - see 'Where to apply' below.
The decision of the Tribunal is generally called a determination and is legally binding. Remember to bear the following points in mind in relation to employment appeals:
Under the Unfair Dismissals Acts 1977-2001 and the Maternity Protection of Employees Act 1981, either party may appeal to the Circuit Court within 6 weeks of the determination (the appeal is not confined to a point of law). If no appeal is brought to the Circuit Court and the employer does not implement the determination, the Minister for Jobs, Enterprise and Innovation may bring proceedings in the Circuit Court on behalf of the employee.
Since 4 January 2012 if you have been made redundant, unfairly dismissed or did not receive minimum notice you apply using the Workplace Relations Claim Form.
In other cases you apply using the e-form (pdf) as follows:
When you have completed the appropriate form, you print and sign it before
sending it to the Tribunal.
There is further information about claim forms and
about making
an application on the Tribunal website.
Davitt House
65a Adelaide Road
Dublin 2
Ireland
Tel:+353 (0)1 631 3006
Locall:1890 220 222
Fax:+353 (0)1 631 3266
Homepage: http://www.eatribunal.ie/
Email: eat@entemp.ie