Part XX: Employment Claims
142. Forms for proceedings under Part 3 and applications to a District Court under section 7(2) or 7(4) of the Employment Claims Act 2016
(1) The Employment Claims Tribunals, established under the Employment Claims Act 2016 (Act No. 21 of 2016), will begin to hear cases under the Act as from 1st April 2017.
(2) Forms 65 to 98 of Appendix A are the forms to be used for the purposes of any proceedings under Part 3 of the Act, and every application to a District Court under section 7(2) or (4) of the Act.
(3) Parties to any such proceedings may use the appropriate forms as follows:
| Purpose | Form | Relevant rule in the Employment Claims Rules 2017 |
|---|---|---|
| Claim | 65 | 8(1) |
| Response | 66 | 10(1)(a) |
| Counterclaim | 67 | 11(1) |
| Declaration of service | 68 | 9(2), 10(3), 11(3), 14(4), 22(4) |
| Notice of withdrawal/discontinuance (before service) | 69 | 15(1), 15(3) |
| Notice of withdrawal/discontinuance (after service, and at any stage of proceedings) | 70 | 15(2)(a), 15(4)(a), 15(7), 15(8) |
| Notice of Case Management Conference | 71 | 17(3) |
| Notice of hearing before tribunal | 72 | 18(b) |
| Application for an authorised representative | 73 | 19 |
| Summons to a witness | 74 | 21(1) |
| Application to set aside decision, direction or order given in absence of party | 75 | 23(2)(a) |
| Response to application to set aside decision, direction or order given in absence of party | 76 | 23(5) |
| Application to correct order of tribunal | 77 | 50(1) |
| Response to application to correct order of tribunal | 78 | 50(3) |
| Notice of appeal to tribunal against decision, direction or order of Registrar | 79 | 24(2) |
| Leave to appeal to High Court against order of tribunal (made to District Court) | 80 | 25(1) |
| Response to application for leave to appeal to High Court against order of tribunal (made to District Court) | 81 | 25(5) |
| Notice of appeal to High Court | 82 | 26(1) |
| Directions to Accountant-General for payment into Court | 83 | 28(1)(a) |
| Notice of payment into Court | 84 | 28(1) |
| Certificate for security for costs | 85 | 28(1)(b) |
| Application for refund of security for costs where appeal is deemed withdrawn | 86 | 28(5) |
| Appellant’s / Respondent’s case | 87 | 30(1)(a), 31(4)(a) |
| Notice of transmission of record of appeal | 88 | 32(6) |
| Application for stay of execution pending appeal | 89 | 33 |
| Application for registration of settlement agreement | 90 | 39(1)(a) |
| Notice of registration of settlement agreement | 91 | 39(2) |
| Application to renew registration of settlement agreement | 92 | 40(3)(a) |
| Application to set aside registration of settlement agreement | 93 | 41(1)(a) |
| Notice of hearing of application to set aside registration of settlement agreement | 94 | 41(3)(a) |
| Request for hearing dates or further hearing dates | 95 | 45(2) |
| Request to search, inspect, and take copies | 96 | 7 |
| General application | 97 | - |
| General response | 98 | - |