Tag: EAT

Categories
Employment Law Procedures and Policies

The Employment Appeals Tribunal (EAT)

The Employment Appeals Tribunal (EAT) is an independent body that was set up to provide an informal but speedy solution to employment law disputes. Whilst it may still be relatively informal (compared to going to Court for example) the question of speed is an open one in the current climate, such is the workload.

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Types of Employment Dispute

The types of employment dispute which the Employment Appeals Tribunal are those under the following pieces of employment law legislation in Ireland.

  • The Redundancy Payments Acts
  • The Minimum Notice and Terms of Employment Acts 1973-2001
  • The Unfair Dismissals Acts 1977-2001 (where a party has objected in writing to a Rights Commissioner hearing)
  • The Maternity Protection act, 1994 (except matter relating to health and safety)
  • The Protection of Employees Act 1984 to 2001
  • The Payment of Wages Act, 1991 (can appeal decision of Rights Commissioner to EAT)
  • The Terms of Employment (Information) Act 1994 to 2001 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • The Adoptive Leave Act, 1995 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • The Protection of Young Persons (Employment) Act 1996 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • The Organisation of Working Time Act, 1997
  • The Parental Leave Act, 1998 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • The Protection for Persons Reporting Child Abuse Act, 1998 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • European Communities (Protection of Employment) Regulations 2000 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) (Amendment) Regulations 2000 (can be appealed to Employment Appeals Tribunal after first referring to a Rights Commissioner)
  • The Carer’s Leave Act, 2001

Employment Appeals Tribunal Forms

To refer a dispute to the EAT you need to use the correct form from

  • T1A to make a direct claim to the EAT
  • T1B to appeal a recommendation of a Rights Commissioner
  • T1C to claim under three Employees (Employers’ Insolvency) Acts
  • T1D to enforce the recommendation or decision of a Rights Commissioner
  • RP51B to appeal a decision re redundancy.

Time Limits

The time limit applicable to a particular claim is critically important and the time limits do vary depending on what type of claim and under what piece of legislation.

Employment Appeals Tribunal Determinations

You will find the determinations of the Employment Appeals Tribunal at  http://www.eatribunal.ie