Court application employment dispute

Red Hare · 21-03-2019 03:25PM #1

If I need a judge to read my contract of employment and make a decision in relation to it - what court form do I use to apply for this process and is there a fee charged by the court for this service?

Claw Hammer · 21-03-2019 04:05PM

Red Hare wrote: »

If I need a judge to read my contract of employment and make a decision in relation to it - what court form do I use to apply for this process and is there a fee charged by the court for this service?

Judges only read contracts when there is a dispute between the parties to the contract.

splinter65 · 22-03-2019 12:44PM

Red Hare wrote: »

If I need a judge to read my contract of employment and make a decision in relation to it - what court form do I use to apply for this process and is there a fee charged by the court for this service?

If you have a dispute with your employer about a contract of employment or any other complaint you may have them you need to contact Workplace Relations Commision on 1890808090.
When you get through ignore the prompts and wait to speak to someone. They might direct you to make a complaint on their website where you will find the online complaint form.
It’s not possible for you to apply to have a judge adjudicate a row you have with your employer over your contract.

Red Hare · 22-03-2019 08:37PM

[QUOTE=splinter65;109745222
It’s not possible for you to apply to have a judge adjudicate a row you have with your employer over your contract.[/QUOTE]

Why?

Credit Checker Moose · 22-03-2019 09:00PM

A solicitor would be better to advise.

splinter65 · 22-03-2019 09:15PM

Red Hare wrote: »

Why?

Because the state has a mechanism in place to deal with employment rights issues through the WRC.
If you want to persue your employer through the justice system for breach of contract or any other breach of employment law then you would have to approach a solicitor that has experience of employment law, and pay him or her the full rate to represent you in a civil case against your employer.
You won’t get Legal Aid for this matter, because the WRC is there.
It’s not possible for you to ask a judge to look at your contract and make a desicion.

Red Hare · 22-03-2019 09:23PM

splinter65 wrote: »

It’s not possible for you to ask a judge to look at your contract and make a desicion.

Why not?

Credit Checker Moose · 22-03-2019 09:31PM

It is possible if you go through the legal channels.

Red Hare · 22-03-2019 09:47PM

Credit Checker Moose wrote: »

It is possible if you go through the legal channels.

Thanks . Would you know how i can apply get a judge to look at my contract? Its memo v7?

Red Hare · 23-03-2019 11:08AM

The WRC is only able to deal with certain categories of employment under certain legislation. There are solicitors who make mistaken comments/ assertions that the WRC is relevant in all employment situations as evidenced in this thread so far.

I would be grateful if anyone would know the name of the court forms for me to apply to have a judge interpret my contact of employment?

splinter65 · 23-03-2019 11:12AM

Red Hare wrote: »

The WRC is only able to deal with certain categories of employment under certain legislation. There are solicitors who make mistaken comments/ assertions that the WRC is relevant in all employment situations as evidenced in this thread so far.

I would be grateful if anyone would know the name of the court forms for me to apply to have a judge interpret my contact of employment?

Which employment legislation is the WRC not in a position to adjudicate on?

Claw Hammer · 25-03-2019 04:11PM

Red Hare wrote: »

The WRC is only able to deal with certain categories of employment under certain legislation. There are solicitors who make mistaken comments/ assertions that the WRC is relevant in all employment situations as evidenced in this thread so far.

I would be grateful if anyone would know the name of the court forms for me to apply to have a judge interpret my contact of employment?

A judge will only interpret your contract if you have a dispute with another party about what it means. In that situation you have to issue a summons and say that you have a contract, it means x and you have not been given something you are entitled to under the contract and that your are at a loss as a result and say what you want done about it. You have to serve the summons on the other party who has to deliver a defence in writing. They will have to agree with you or disagree with you, in whole or in part. On any part there is a disagreemet the judge will decide. If you have got it wrong you may have to pay the other party's legal bill, which may be substantial.

Peregrinus · 26-03-2019 01:43AM

What Claw Hammer says.

The key point here is that judges do not provide the service of looking at your contract and advising you what it means. You issue proceedings against the other party to the contract, stating what you believe it means and asserting that he is in breach of it. He then responds by saying no, it doesn't mean that; or by saying yes, it does mean that, but he is not in breach of it; or indeed by saying something else. There follows a trial, after which the judge gives a judgment which may include ruling on what the contract means (or may not, if the dispute can be adjudicated on some other grounds).

If what you want is a legal opinion on what your contract means, that service is provided by solicitors, not judges.

Red Hare · 31-03-2019 10:53AM

Peregrinus wrote: »

What Claw Hammer says.

If what you want is a legal opinion on what your contract means, that service is provided by solicitors, not judges.

In posts above, the opinion was that I needed to pay a solicitor to go to the Workplace Relations Commission in relation to my contract, and it was thanked by others. Yet this opinion was incorrect. Coming here turns me off using the services of a solicitor and it possibly turns other people off too.

4ensic15 · 31-03-2019 03:22PM

Red Hare wrote: »

In posts above, the opinion was that I needed to pay a solicitor to go to the Workplace Relations Commission in relation to my contract, and it was thanked by others. Yet this opinion was incorrect. Coming here turns me off using the services of a solicitor and it possibly turns other people off too.

Who said that? What you were told is that if you wanted an opinion as to your contract, you go to a solicitor not a judge.

endacl · 31-03-2019 03:25PM

If it’s a matter of comprehending and interpreting clearly written text, my sympathies are beginning to shift towards the employer...

Peregrinus · 01-04-2019 12:52AM

Peregrinus wrote: »

What Claw Hammer says.

The key point here is that judges do not provide the service of looking at your contract and advising you what it means. You issue proceedings against the other party to the contract, stating what you believe it means and asserting that he is in breach of it. He then responds by saying no, it doesn't mean that; or by saying yes, it does mean that, but he is not in breach of it; or indeed by saying something else. There follows a trial, after which the judge gives a judgment which may include ruling on what the contract means (or may not, if the dispute can be adjudicated on some other grounds).

If what you want is a legal opinion on what your contract means, that service is provided by solicitors, not judges.

Red Hare wrote: »

In posts above, the opinion was that I needed to pay a solicitor to go to the Workplace Relations Commission in relation to my contract, and it was thanked by others. Yet this opinion was incorrect. Coming here turns me off using the services of a solicitor and it possibly turns other people off too.

Read carefully, Red Hare. I repeat what I said earlier, and add to it slightly:

If. what. you. want. is. a. legal. opinion. on. what. your. contract. means., that service is provided by solicitors, not judges OR THE WRC.

Both the courts and the WRC are in the business of adjudicating disputes. At no point in this thread have you ever said you have a dispute with your employer. Other posters have assumed that you do; I have made no such assumption. I'm taking you at your word. All you want is someone to read your contract and tell you what it means. That service is provided by solicitors.

If coming here turns you off using the services of solicitors, that's unfortunate for you but, I have to say, perhaps fortunate for solicitors. You came here and got the answer to the question you asked. There's nothing worse than a client who seeks advice but then feels hard done by when the advice is not what he wants to hear. It's precisely when the advice is not what you want to hear that you most need to hear it.

Red Hare · 04-04-2019 05:28AM

I did not come here looking for advice Penguinus - I asked for information - specifically the name of the court form I could use.

Peregrinus · 04-04-2019 06:07AM

Red Hare wrote: »

I did not come here looking for advice Penguinus - I asked for information - specifically the name of the court form I could use.

But what you needed was advice - advice that you couldn't get what you want from a court (and therefore there was no court form that you could use to get it) and - more helpfully - advice about where you could get what you want.

Hoboo · 04-04-2019 06:27AM

Red Hare wrote: »

I did not come here looking for advice Penguinus - I asked for information - specifically the name of the court form I could use.

Form 58008. Best of luck.

4ensic15 · 04-04-2019 06:32AM

Red Hare wrote: »

I did not come here looking for advice Penguinus - I asked for information - specifically the name of the court form I could use.

There is no court form you can use for such a thing. That was the point of the observations made. It seems to have been lost on you.

Court application employment dispute

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