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) Proceedings under Part 3 of the Employment Claims Act 2016 (Act No. 21 of 2016) are heard and determined by the Employment Claims Tribunals.
(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) |
| - | There is no Form 70 | - |
| 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| Application for refund of security for costs where appeal is deemed withdrawn | 86 | 28(5) |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 | - |
