Information
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 Enterprise, Trade and Employment.
Reform of Employment Appeals Tribunal
In June 2007 the report of the Employment Appeals Tribunal (EAT) Procedures Revision Group (pdf) was published. It included the recommendation that there should be a preliminary process before the hearing in order to speed up procedures and allow for an early settlement between parties. The Department of Enterprise, Trade and Employment is working on the implementation of these recommendations to reform the Tribunal's procedures.
Rules
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:
Representation
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.
Making a direct claim
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.
Making an appeal to the Tribunal
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.
Implementation of a Rights Commissioner’s decision
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.
Waiting times for hearings at the Tribunal
At present there is a backlog of cases awaiting hearing by the Employment Appeals Tribunal. If you work in Dublin, you will be waiting for approximately 16 weeks before your case is heard. Outside Dublin, the average waiting time has been reduced to 31 weeks. Exact waiting times can be obtained from the Tribunal.
Appealing a determination
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:
- In most cases, the determination may be appealed to the High Court by either party but only on a point of law.
- The Minister for Enterprise, Trade and Employment also has power to refer an issue to the High Court at the request of the Tribunal.
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 Enterprise, Trade and Employment may bring proceedings in the Circuit Court on behalf of the employee.
How to apply
If you are making a direct claim to the Tribunal you apply using Form TI-A.
If you are appealing the recommendation of a Rights Commissioner you apply using Form T1-B (pdf).
To appeal a decision under the Protection of Employees (Employers' Insolvency) Acts, 1984 to 2001 you apply using Form T1-C (pdf).
You apply to have a Rights Commissioner’s recommendation or decision implemented using Form T1-D (pdf).
There is further information about making an application to the Tribunal.
All of the above forms are available from the National Employment Rights Authority.
Where to apply
National Employment Rights Authority
Employment Appeals Tribunal
View this document
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on lo-call 1890 777 121 (Monday to Friday, 9am to 9pm)
