Periods of limitation

Every effort has been made to ensure that the information given in this table is accurate. No legal responsibility, however, is accepted for any errors or omissions in this information. Solicitors should refer to the relevant authorities, as necessary.

NOTE: It is important to note that the mere issue of an originating summons may not prevent time from running against the plaintiff, nor prevent an action from being struck out for delay.


Section 49 of the Statute of Limitations deals with the extension of limitation period in the case of disability.

Nature of Claim

Time

Statute

Time limit in respect of causes of action which survive against estate of deceased person.

Proceedings are commenced in respect of that cause of action within the relevant period or within the period of 2 years after his death. Whichever period expires first. Section 9 of the Civil Liability Act is restricted by the Affordable Housing Act 2021. Section 22(3) states that: “Section 9 of the Civil Liability Act 1961 shall not apply to any action by the housing authority for the realisation of the affordable dwelling equity.”

Civil Liability Act, 1961, section 9 (applied with modifications by s.4 (1) Land and Conveyancing Law Reform Act 2013) and restricted by section 22 of the Housing Act 2021.

Limitation of actions for contribution

Action may be brought for contribution within the same period as the injured person is allowed by law, for bringing an action against the contributor, or within the period of 2 years after the liability of the claimant is ascertained or the injured person’s damages are paid, whichever is the greater.

Civil Liability Act, 1961, section 31

Special time limit for actions in respect of personal injuries

(a) In the case of clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act, 2004, 3 years, or Otherwise, 2 years from, the date on which the cause of action accrued, or the date of knowledge (if later) of the person injured.

Statute of Limitations (Amendment) Act, 1991, section 3(1), substituted by s.221 of the Legal Services Regulation Act, 2015.

Period of limitation in cases of fatal injuries

In the case of a clinical negligence action within the meaning of Part 2A of the Civil Liability and Courts Act, 2004, 3 years, and otherwise 2 years

Statute of Limitations (Amendment) Act, 1991, s. 6(1), as amended by s.221 of the Legal Services Regulation Act, 2015.

Defamation – Within the meaning

1 year – or such longer period as the court may direct but not exceeding 2 years from the date on which the cause of action accrued.

Statute of Limitations 1957, section 11(2)(c) as substituted by s.38 of the Defamation Act, 2009 (No. 31 of 2009) with effect from January 1, 2010 (S.I. No. 517 of 2009) See also section 11(3A) and (3B) as inserted by s.38(1) of the Defamation Act 2009

Maritime cases – action for damage to a vessel, to cargo or for loss of life or personal injury on board a vessel.

2 years

Civil Liability Act, 1961, section 46(2)

Actions founded on Simple contract

6 years

Statute of Limitations 1957, section 11 (1)(a)

Action for damages under Liability for Defective Products Act, 1991

3 years – from date action accrued or date on which plaintiff became aware of damage, defect and identity of producer

Liability for Defective Products Act, 1991, section 7

Action for Account

6 years

Statute of Limitations 1957, section 11(4)

Arrears if interest on judgment debt

6 years

Statute of Limitations 1957, section 11(6)(b)

Enforcement of Arbitration Award when Arbitration Agreement is not under seal or where arbitration is under any Act other than Arbitration Act, 1954

6 years

Statute of Limitations 1957, sections 11(1)(d) and 75-77 (amended by s.29 and Schedule 6 of the Arbitration Act 2010, as amended by the European Union (Insurance and Reinsurance) Regulations, 2015, the European Union (Insurance and Reinsurance)(Amendment) Regulations 2021 and the European Union (Insurance and Reinsurance) (Amendment) Regulations 2022.

Enforcement of Arbitration Award when Arbitration Agreement under seal

12 years

Statute of Limitations 1957 Sections 11(5)(b) and 75-77 (amended by s.29 and Schedule 6 of the Arbitration Act 2010, as amended by the European Union Insurance and Reinsurance Regulations, 2015), the European Union (Insurance and Reinsurance)(Amendment) Regulations 2021 and the European Union (Insurance and Reinsurance) (Amendment) Regulations 2022.

Application set aside an Arbitration Award on grounds of public policy

Notwithstanding Article 34(3), an application to the High Court to set aside an award on the grounds that the award is in conflict with the public policy of the State shall be made within a period of 56 days from the date on which the circumstances giving rise to the application became known or ought reasonably to have become known to the party concerned

Article 34 of the UNCITRAL Model Law on International Commercial Arbitration as adopted by the Arbitration Act 2010 and s.12 of the Arbitration Act 2010. Also Rules of the Superior Courts 1986 – 2012 (Order 56 as substituted by S.I. 361 of 2010 Rules of the Superior Courts (Arbitration) 2010 as restricted by S.I. 150 of 2012 Rules of the Superior Courts (Arbitration) 2012).

Limitation of actions to recover arrears of a Rentcharge

6 years

Statute of Limitations 1957, section 27

Limitation of actions to recover arrears of a conventional rent

6 years

Statute of Limitations 1957, section 28

Limitation of actions to recover arrears of interest on a Mortgage or Charge

6 years

Statute of Limitations 1957, section 37

Limitation of actions against Trustees

6 years

Statute of Limitations 1957, section 43

Exclusion of actions against trustees in cases of fraud or retention of trust property.

None

Statute of Limitations 1957 section 44

Actions in respect of Estates of deceased persons

6 years

Succession Act, 1965, section 126

Action by a person (other than a State Authority) to recover land

12 years

Statute of Limitations 1957, section 13(2)

Arrears of interest in respect of any legacy or damages in respect of such arrears

3 years

Succession Act, 1965, section 126(2).

Action on a Judgment

12 years

Statute of Limitations 1957, section 11(6)(a)
Instrument under seal (save for arrears of rent, rent charge, mortgage, arrears of annuity charged on personal property)

12 years

Statute of Limitations 1957, section 11(5)(a)

Recovery of land (other than by State)

12 years

Statute of Limitations 1957, section 13(2)

Recovery of land by State

30 years

Statute of Limitations 1957, section 13(1)(a)

An action by a person (other than a State Authority) claiming the sale of land which is subject to a Mortgage or Charge

12 years

Statute of Limitations 1957, section 32(2) Section 32 of the Act of 1957 is amended by the addition of the following subsection of the Land Law Conveyancing & Reform Act 2009: “119 (3) In the case of a judgment mortgage, the right of action accrues from the date the judgment becomes enforceable and not the date on which it is registered as a mortgage”.

Actions to recover principal money secured by a charge on land or, personal property

12 years * Notwithstanding section 36 of the Statute of Limitations 1957, any local property tax which is due and unpaid by a liable person shall continue to apply without a time limit until such time as it is paid in full.

Statute of Limitations 1957, section 36, restricted by s.124 of the Finance (Local Property Tax Act) 2012 with effect from 1st January 2013 (S.I. No. 589 of 2012) as amended by the Local Government Rates and Other Matters Act 2019.

Section in 1957 Act

Effect of amendment

Amending provision

Section 2 (1)

Amended

Definition of “judgment mortgage” substituted by s.8(1) and Sch.1 of the Land and Conveyancing Law Reform Act 2009

Section 2 (2) (c)

Repealed (new provision)

Registration of Title Act, 1964, s.5 and Sch. and s.122 of S.I. 167/1966

Section 2 (2) (d)

Repealed (new provision)

Succession Act, 1965, s.8, Sch. 2 part IV but see Succession Act, 1965 and s.123 of S.I. 168/1966

Section 2 (3)

Repealed

Civil Liability Act, 1961, s.5, Sch.5 part V

Section 11(2)(d)

Restricted

Inserted by s. 13(8)(1) of the Sale of Goods and Supply of Services Act, 1980 as amended by the Consumer Rights Act 2022.

Section 11 (2)(c)

Substituted

Subsection (2)(c) substituted by s.38(1) of the Defamation Act 2009

Section 11 (3A) &(3B)

Inserted

Subsection (3A) & (3B) inserted by s.38(1) of the Defamation Act 2009

Section 21

Repealed with savings

Succession Act, 1965, s.8 and Sch. 2 part IV

Section 22

Repealed

Succession Act, 1965, s.8 and Sch. 2 part IV

Section 24

Amended

Substituted by Registration of Title Act, 1964, s. 49 (4) as amended by ss. 5 & 7 of the Land and Conveyancing Law Reform Act 2021

Section 25(4)

Amended

Deletion of subsection by Land and Conveyancing Law Reform Act, 2009, s.8(1) and Sch. 1

Section 45

Amended

Substituted by Succession Act, 1965, s.126 and Sch. 2 part IV

Section 45 (1)

Amended

Inserted s.111A after s.111 by Civil Partnership Act 2010, s.89

Section 46

Repealed

Succession Act, 1965, s.8, Sch. 2 part IV

Section 48A

Inserted

Statute of Limitations Amendment Act, 2000, s.2

Section 49(2)

repealed

Statute of Limitations (Amendment) Act, 1991, s.5(4)

Section 49(3)

Substituted

Defamation Act, 2009 substituted by s.38(2)

Section 49(4)(a)

Repealed

Civil Liability (Amendment) Act, 1964, s.6 and Sch.

Section 60

Substituted

Stamp Duties Consolidation Act, 1999, ss.160, 163 and Sch. 4., subject to transitional provisions.

Section 74

Substituted

Arbitration Act 2010, s.7(2)

Section 77

Amended

Deleted by s. 29(2) and Sch. 6 of the Arbitration Act 2010

Landlord and Tenant (Amendment) Act, 1971

Action

Time

Section

Application to obtain a sporting lease

Not earlier than 15 years before expiration of the lease and not later than the expiration of the lease or the expiration of three months from the service on the club by its immediate lessor or any superior lessor of notice of expiration of the lease whichever is later. Notice shall be valid only if served not earlier than 3 months before expiration of lease.

Landlord and Tenant (Amendment) Act, 1971, Section 3

Landlord and Tenant (Amendment) Act, 1980

(The following list of periods of limitation is not exhaustive) Service of notice of intention to claim relief:

Action

Time

Section

In the case of tenancy

Before the termination of tenancy or

Section 20 (2)(a)(i)(ii)

terminating by expiration of a term of years or other certain period or event

at any time thereafter but before the expiration of three months after service on claimant by landlord of notice of expiration of the term or period of the happening of the event.

  

b. In the case of a tenancy terminating by fall of a life or uncertain event

At any time but before the expiration of three months after service on claimant by landlord of notice of the happening of the event.

Section 20 (2)(b)

c. In the case of tenancy determined by notice to quit (other than tenancies to which sections 14 or 15 applies)

At any time but before the expiration of three months after service of the notice.

Section 20 (2)(c)

d. In the case of tenancy terminable by notice to quit and to which sections 14 or 15 applies

At any time but before the expiration of six months after service of the notice.

Section 20 (2)(d)

Application for reversionary lease

Not earlier than 15 years before expiration of existing lease and not later than the expiration of the lease or 3 months from service of notice by immediate lessor or any superior lessor, whichever is the later. The notice shall be valid only if served not earlier than 3 months before the expiration of the lease.

Section 31

Improvement notice

Where a tenant proposes to make an improvement, notice must be served on the landlord. The landlord may within one month serve on the tenant a notice of consent or a notice of undertaking to execute the improvement in consideration of either a specified increase in rent to be agreed or fixed by the Court or an improvement objection.

Section 48

Notice to superior landlord of improvement notice served on landlord

The landlord must within one week serve a notice on his superior landlord, if any.

Section 48

Objection to improvements

Landlord must object within one month. Tenant can then apply to court.

Section 48 and Section 52

Claim for compensation for improvements

Notice of intention to claim must be made in same period as notice of intention to claim relief – See Section 20 (2).

Section 56

Compensation on termination of tenancy in obsolete buildings

Landlord must give 6 months’ notice.

Section 60(2) as amended by Section 199(2) of the Residential Tenancies Act, 2004

Extension of time

The court may extend time on such terms as it thinks proper and satisfied that injustice would be cause

Section 83

Offer of new tenancy in lieu of compensation for improvements

Within 2 months of tenant serving notice to claim compensation for improvements under Part IV.

Section 22(1)

Notice accepting new tenancy

Within 1 month of notice of offer of new tenancy.

Section 22(2)

Note: Landlord and Tenant (Amendment) Act, 1994 Amends the following sections of the 1980 Landlord & Tenant Act

S3 1994 Act amends S13 1980 Act: 

Paragraph (a) of S.13 (1) of 1980 Act is amended by the substitution of “5 years” for “3 years”.

This shall have effect only in relation to a lease or other contract of tenancy the term of which commences after the commencement of this Act.

  • S4 amends S.17 of 1980
  • S5 amends S.23 of 1980
  • S6 amends S.85 of 1980

Landlord and Tenant (Amendment) Act, 1984

   

Action

Time

Section

Notice of intention to review rent in reversionary lease where the terms of such lease are settled by the court under Part III of the 1980 Act

Where the rent has not previously been reviewed, not earlier than one month before the fifth anniversary of the date on which the terms of the lease were settled. Where the rent has been reviewed previously, not earlier than the fifth anniversary of the date of service of the notice for preceding review.

Section 3

Application to review the rent of a reversionary lease in default of agreement

Not earlier than one month after the service of the notice.

Section 3

Notice of intention to review rent of sporting lease

Same as for reversionary lease.

Section 5

Application to the court for review of the rent of a sporting lease

Same as for reversionary lease.

Section 5

Notice of intention to review rent where the terms of a new tenancy are fixed by the court under Part II of the Landlord & Tenant (Amendment) Act, 1980

Same as for reversionary leases and sporting leases.

Section 15

Note

The attention of practitioners is also drawn to the provisions as to the acquisition of the fee simple contained in the above act and to the temporary provisions of the act at sections 4 and 13 dealing with the right to a reversionary lease and the right to acquire the fee simple in certain cases.

NOTE: RESIDENTIAL TENANCIES ACT 2004, RESIDENTIAL TENANCIES AMENDMENT ACT 2015, THE PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016, THE RESIDENTIAL TENANCIES (AMENDMENT) ACT 2019, THE RESIDENTIAL TENANCIES ACT 2020, THE RESIDENTIAL TENANCIES & VALUATION ACT 2020, THE PLANNING & DEVELOPMENT & RESIDENTIAL TENANCIES ACT 2020 AND THE RESIDENTIAL TENANCIES (AMENDMENT) ACT 2021

The rights and obligations of landlords and tenants are set out in landlord and tenant law, as well as in the lease or tenancy agreement between the landlord and tenant. The main legislation governing these rights and obligations is contained in the Residential Tenancies Act 2004 as amended.

The Residential Tenancies Acts apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions which are set out in the Act.

The Residential Tenancies (Amendment) Act 2015 introduced a range of new provisions including:

  • The extension of the Act to the Approved Housing Body sector;

  • The legal basis for a tenancy deposit protection scheme;

  • The transfer of the functions of the Rent Tribunal to the Residential Tenancies Board (RTB);

The Planning and Development (Housing) and Residential Tenancies Act 2016 was introduced to deal primarily with housing supply shortage and to tackle issues in the rental sector.

Some provisions of that Act include:

  • New rent predictability measures, formula and exclusions

  • New requirements re rent review notices

  • New measures re frequency of rent reviews

  • Designation (or revocation) of Rent Pressure Zones**please see below new legislation

  • New requirement for the RTB to publish quarterly statistical reports & timeline reports

  • Amendment to grounds for termination by a landlord when selling more than 10 or more tenancy dwellings

The Residential Tenancies (Amendment) Act 2019 was signed into law in May 2019.

The Act introduced tougher tenant protections, extensive RTB investigative powers and sanctions for landlords, along

with changes affecting short-term lettings and student accommodation. Some provisions of the Act include:

  • New notice periods for landlords for the termination of tenancies

  • Changes to notice procedures and obligations

  • The extension of existing RPZs from the end of 2019 to the end of 2021

  • Updated criteria for the designation of RPZs

  • Enhanced investigation and sanctioning powers for the RTB

  • Treating certain student accommodation in a similar way to tenancies that are covered by the Residential Tenancies Acts

  • It also made a proposal requiring landlords to register annually with the RTB and pay an annual registration fee (in April 2022 the RTB announced that from April 4th 2022, all landlords must register each tenancy with the RTB each year).

The Residential Tenancies Act 2020

This legislation introduced temporary restrictions which provided that tenants were not required to vacate their rental properties during an Emergency Period, except for limited circumstances (e.g., anti-social behaviour or behaviour that invalidates a landlord’s insurance). Landlords and Tenants could still serve a Notice of Termination as usual during the Emergency Period, but the notice period could not begin until the Emergency Period lifted. The Emergency Period set out in the Residential Tenancies Act 2020.***

The Residential Tenancies and Valuation Act 2020

This Act became law of 1st of August 2020. Please note the emergency period and some of the protections as set out in this Act expired on the 12th of April 2021.

The Residential Tenancies (Amendment) Act 2021 (the 2021 Amendment Act) was signed into law on 11 December 2021. All of this Act apart from sections 5, 6 and 7, came into force on that day.

The key changes in the 2021 Amendment Act relate to:

Rent setting in Rent Pressure Zones (RPZs) – From 11 December, when setting the rent at the start of a tenancy in an RPZ or when carrying out a rent review in an RPZ, rent increases are capped at 2% per year on a pro rata basis, where HICP inflation is higher.

Tenancies of unlimited duration – all new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than six months and no notice of termination has been validly served on the tenant. A landlord will still have the right to terminate a tenancy on the specific grounds provided in the Residential Tenancies Act 2004 (as amended) (RTA 2004). Transitional measures are provided in the 2021 Amendment Act in relation to the conversion of existing tenancies to tenancies of unlimited duration over time.

The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 came into effect on 29 October 2022. This is temporary legislation which covers a set period of time known as the ‘winter emergency period’ (30 October 2022 to 31 March 2023).

Under this legislation, certain tenancies which were due to terminate between 30 October 2022 and 31 March 2023 will have the tenancy termination date deferred.

The deferred termination dates to be applied depends on two factors: The specified termination date; and the length of the tenancy.


 

Action

Time

Section

Working Time claim including claim by employee for holidays

 

Organisation of Working Time Act, 1997 (1997 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) Workplace Relations Act, 2015 (WRC Act) Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s28 1997 Act, as amended Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Claim in relation to minimum notice

 

Minimum Notice and Terms of Employment Acts, 1973-2005 (1973 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(d) WRC Act; Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s12A 1973 Act, as amended Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Unfair Dismissal claim

 

Unfair Dismissals Acts,1977-2015 (1977 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 8(1) 1977 Act, as amended

6 months; 12 months if reasonable cause for delay

Section 8(2)(a) 1977 Act, as amended; Section 8(2)(b) 1977 Act, as amended

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s8A(2) 1977 Act, as amended; Section 44(4) WRC Act. See also s8A(2) 1977 Act, as amended

Appeal: High Court on a point of law only

within 42 days

Section 10(A), 1977 Act, as amended

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act. See also s8A(1), 1977 Act, as amended

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Claim for redress in respect of employment-related discrimination or victimisation (including dismissal)

 

Employment Equality Acts, 1998-2021 (1998 Act)

Action: Director General (DG) of the Workplace Relations Commission or Circuit Court

6 months from most recent occurrence

Section 77(5)(a), 1998 Act, as amended

-Section 77(1) or the Circuit Court under s77(3) of the 1998 Act, as amended

12 months if reasonable cause for delay

Section 77(5)(b), 1998 Act, as amended

Appeal: Labour Court (LC)

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s83, 1998 Act, as amended Section 44(4) WRC Act. See also s83, 1998 Act, as amended

Appeal: High Court on a point of law only, further appeals are possible (rules of court apply)

within 42 days from LC decision

See s90(1), 1998 Act, as amended and Order 106 rule 5 of the Rules of the Superior Courts (RSC)

Enforcement of DG Decision: District Court

within 56 days

Section 43 WRC Act. See also s91(1), 1998 Act, as amended

Enforcement of LC Decision: District Court

within 42 days

Section 45 WRC Act. See also s91(2), 1998 Act, as amended

Claim for Redundancy Payments

 

Redundancy Payments Acts, 1967-2022 (1967 Act)

Action: To Deciding Officer or Director General of the Workplace Relations Commission for determination by Adjudication Officer (AO) – Sections 38 and 39 1967 Act, as amended by Section 76 WRC Act

52 weeks; 104 weeks if reasonable cause. Employee may apply to WRC to commence limitation period on another date from date of dismissal (s.24(3) 1967 Act, as amended)

Section 24(1) 1967 Act, as amended by s76(1) WRC Act; Section 24(2A) 1967 Act, as amended by s76(1) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s39A 1967 Act, as amended Section 44(4) WRC Act. See also s39A 1967 Act, as amended

Appeal: High Court on point of law only

within 42 days

Section 40 1967 Act, as amended

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Payment of Wages claim

 

Payment of Wages Act, 1991 (1991 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s7 1991 Act, as amended; Section 44(4) WRC Act. See also s7 1991 Act, as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Terms of Employment claim

 

Terms of Employment (Information) Act, 1994-2014 (1994 Act); Employment (Miscellaneous Provisions) Act 2018

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s8 1994 Act, as amended; Section 44(4) WRC Act. See also s8 1994 Act, as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Claim by a Part-Time Worker

 

Protection of Employees (Part-Time Work) Act, 2001 (2001 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s17 2001 Act as amended Section 44(4) WRC Act. See also s17 2001 Act as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Claim by a Fixed-Term Worker

 

Protection of Employees (Fixed- Term Work) Act, 2003 (2003 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s15 2003 Act as amended Section 44(4) WRC Act. See also s15 2003 Act as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Maternity Protection claim

 

Maternity Protection Acts 1994 to 2022 (MPA)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(c) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s32(2) MPA, as amended Section 44(4) WRC Act. See also s32(2) MPA, as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act.

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Adoptive Leave claim

 

Adoptive Leave Acts, 1995 and 2005 (1995 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(a) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s33(2) 1995 Act, as amended Section 44(4) WRC Act. See also s33(2) 1995 Act, as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Young Persons employment claim

 

Protection of Young Persons (Employment) Act, 1996 (1996 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act – See also section 18 1996 Act, as amended

6 months; 12 months if reasonable cause for delay

Section 41(6) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days;notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s19 1996 Act, as amended Section 44(4) WRC Act. See also s19 1996 Act, as amended

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act.

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Parental Leave, Domestic Violence Leave, Medical Care Leave, Request for Flexible Working Arrangements claim

 

Parental Leave Acts, 1998 to 2023 (PLA)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(e) WRC Act; Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s21 and s21A (request for flexible working arrangement) PLA, as amended Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Minimum Wage claim

 

National Minimum Wage Acts, 2000 and 2015 (2000 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act – See also section 26 2000 Act, as amended

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(d) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s29 2000 Act as amended Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Carer’s Leave claim

 

Carer’s Leave Act, 2001 (CLA)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act – See also s21(1) CLA as amended

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(b) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s21(2) CLA, as amended Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Paternity Leave claim

 

Paternity Leave and Benefit Act 2016 (2016 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act – See also s28(1) 2016 Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(f) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s28(2) 2016 Act Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Parent’s Leave claim

 

Parent’s Leave and Benefit Act 2019 (2019 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act – See also s24(1) 2019 Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(g) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also s24(3) 2019 Act Section 44(4) WRC Act

Appeal: High Court on a point of law only

within 42 days

Section 46 WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Sick Leave claim

 

Sick Leave Act 2022 (2022 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and (7)(h) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also section 14(3) 2022 Act. Section 44(4) WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Protected Disclosure claim

 

Protected Disclosures Act 2014, as amended (2014 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(1) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) WRC Act Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also Schedule 2 section 2 of the 2014 Act. Section 44(4) WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act

Trade Disputes

 

Industrial Relations Acts

Action: Party to a trade dispute may refer it to Director General of the WRC

No generally prescribed time limit; within 6 months where worker is retired or a further 6 months where reasonable cause

Section 13 Industrial Relations Act 1969; Section 26A Industrial Relations Act 1990

Appeal to the Labour Court of a recommendation of the dispute from an AO

Six weeks after the making of a recommendation

Section 36(2) Industrial Relations Act 1990. See also Section 13(9) Industrial Relations Act 1969

Action: Investigation of dispute by the Labour Court

No generally prescribed time limit; within 6 months where worker is retired or a further 6 months where reasonable cause.

Section 20 Industrial Relations Act 1969; Section 26A Industrial Relations Act 1990

Claim for redress in respect of discrimination in connection with the provision of goods, services, property and other services to the public

For the s21 ground below: Must initially notify respondent of intention to make a complaint within 2 months of the incident; this may be extended to 4 months for reasonable cause or the requirement may be removed entirely where it is fair and reasonable in exceptional circumstances

Equal Status Acts, 2000-2018 (ESA)

Action: 1. Gender based complaint: Circuit Court – Section 21(1A) ESA, as amended 2. Workplace Relations Commission Director General – Section 21(1) ESA, as amended

6 months; 12 months if reasonable cause for delay; 42 days further appeal to Circuit Court regarding an extension of time application

Section 21(6)(a) ESA, as amended; Section 21(6)(b) ESA, as amended; Section 21(7A) ESA, as amended

Appeal to High Court on a point of law only

 

Section 21(1A) ESA, as amended

Appeal to Circuit Court

Circuit Court – within 42 days of decision of WRC

Section 28(1) ESA, as amended. See also S22(2) ESA, as amended

Appeal to High Court on a point of law only from CC (rules of court apply)

10 days from date of judgment or order

Section 28(3) ESA, as amended. See also S22(4) ESA, as amended and Order 61 rule 2 RSC

Enforcement of DG Decision: District Court

within 56 days

Section 43 WRC Act

Request for Remote Working Arrangements Complaint

 

Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023 (2023 Act)

Action: Workplace Relations Commission Adjudication Officer (AO) – Section 41(2) WRC Act

6 months; 12 months if reasonable cause for delay

Section 41(6) and 7(i) WRC Act; Section 41(8) WRC Act

Appeal: Labour Court

within 42 days; notice may be given outside of this period in exceptional circumstances

Section 44(3) WRC Act. See also section 27(4) of the 2023 Act. Section 44(4) WRC Act

Enforcement of AO Decision: District Court

within 56 days

Section 43 WRC Act

Enforcement of Labour Court Decision: District Court

within 42 days

Section 45 WRC Act