About this application
You can make an application if you wish to enforce a decision made by the Workplace Relations Commission (WRC) or the Labour Court where either party has not taken the action as specified in the decision. This is called an Enforcement Order.
The judge can order the directed party to carry out the actions specified in the decision.
This court order is legally binding.
This application can be applied for when an employer fails to carry out a decision of an Adjudication Officer of the WRC or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision.
WRC decisions become binding if not appealed within forty two days and WRC decisions can be enforced through the District Court if they have not been implemented within fifty six days.
Who can help
The Workplace Relations Commission (WRC) or the Labour Court can assist you process.
The application can be made by the following:
- The employee or claimant or their legal representative.
- A trade union, with consent of employee.
- An excepted body of which the employee or complainant is a member.
Before your court application
- You must send a formal notice letting the employer know that you intend to make an application to the court.
- There is a specific form for this, often referred to as a Section 43 form.
- This notice should be sent at least seven days before you intend to make the application at the court office.
- You can deliver the notice by hand to the respondent or send it by prepaid registered post. You should keep a copy of the notice for your records.
How to make your court application
You can download your application form Form No. 40C.01 Notice of Statutory Application or contact your localcourt office and they can send a application form to you by post. The person making the application it the claimant and the person you are making the application against is the respondent .
You will need to include the following information to complete your application:
- District Court number and area please see our map, this can be found here:
- A record number which will be inserted by the court office,
- Enter the enactment which is the section of the legislation that is relevant to your application - Section 43 of the Workplace Relations Act 2015,
- Your full name and address,
- the respondent's full name and address,
- the date and time of court which the court office will give you,
- details of what you are asking the judge to do,
- list of documents you intend to rely on or use in court, including the decision of the WRC or Labour court and attach copies also
- the address of the court office where you filed your application
You or your solicitor will be required to complete an affidavit (LINK HERE TO CHILD's PAGE). You can see a template of this here:
Stamp fee
You must pay the appropriate court fee for your application.The fee for this application is €80 This civil application fee can be paid at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash. The office will check your application, give it a record number, issue it, and return the form to you.
Serving your application
You must then send a copy of your application to the respondent. This is called serving the application Please see our serving and proof of service page for more information. The Respondent must be notified at least twenty one days prior to the court date by registered post. Your post office will give you a certificate of postage.
Submitting your application
A copy of the stamped application with the declaration of service attached must be lodged in your local District Court office at least seven days prior to the court date.
The judge may make the following decisions
- Dismiss your application,
- Adjourn your case for more information,
- Grant your application to enforce the decision and order the respondent to follow the WRC or labour court decision,
- Direct compensation instead of enforcing the decision where the WRC order required the employer to reinstate or reengage an employee.
Preparing for court
Going to court can be a stressful experience. See our preparing for Civil Law court pages for more information on how to prepare.
You will be asked to give evidence in the Court room and you should be prepared to answer any questions the Judge may ask you.
What happens after court
See our After your hearing page for more information on what to expect after your court hearing
