Circuit Court Forms

FORM 36J

AN CHÚIRT CHUARDA
THE CIRCUIT COURT

                   CIRCUIT                                                                                             COUNTY OF

IN THE MATTER OF SECTION 9 OF THE TERMS OF EMPLOYMENT (INFORMATION) ACT 1994, AS APPLIED AND MODIFIED BY SECTION 87 AND SCHEDULE 6 OF THE CONSUMER PROTECTION ACT 2007

ORIGINATING NOTICE OF MOTION

BETWEEN

Applicant

AND

Respondent

Take notice that application will be made to the Court on the day of 20 or the next opportunity thereafter for:

An order under section 9 of the Terms of Employment (Information) Act 1994, as applied and modified by section 87 and Schedule 6 of the Consumer Protection Act 2007, directing the Respondent to comply with a determination of the Employment Appeals Tribunal pursuant to section 8 of the said Act made on the day of 20 in the matter of an appeal (reference number ..........) from the recommendation of a rights commissioner on the complaint of the above-named applicant against the Respondent.

*[An order that the Respondent pay interest on the compensation at the rate referred to in Section 22 of the Courts Act 1981, for such period as may be ordered].

*[Here insert details of any other relief sought by way of enforcement].

And further take notice that the said application will be grounded upon:

1. [Here insert the grounds upon which the Plaintiff is relying for the reliefs sought, to include all facts relevant to the alleged failure to carry out the decision or to carry out in accordance with its terms a decision or determination concerned].

2. [Here insert basis of jurisdiction].

3. [Here insert name, address and description of the Applicant].

4. [*The said determination of the Tribunal was communicated to the Applicant on the day of 20 and the time for appeal against said determination expired on the day of 20 ][*An appeal was brought against said determination, but abandoned on the .... day of .... 20 ].

5. The original determination of the Tribunal, or a copy of same, certified by or on behalf of the Applicant as being a true copy of the determination received from the Tribunal is annexed to this Notice of Motion.

Dated the ..... day of ......... 20 .....

Signed ..............................
Applicant /Solicitor for the Applicant

To:...............................
The Respondent /Solicitor for the Respondent

And
To: The Employment Appeals Tribunal

And
To: The County Registrar

*insert as appropriate