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Form 36A - Notice Of Motion For Relief Under S. 11 Unfair Dismissals (Amendment) Act, 1993

This form is a legal notice filed with the Irish court system to request relief for unfair dismissal under Section 11 of the Unfair Dismissals (Amendment) Act, 1993. It should be used when an employee believes they have been dismissed unfairly and seeks legal remedies through the courts.

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Form Overview

Form 36A - Notice Of Motion For Relief Under S. 11 Unfair Dismissals (Amendment) Act, 1993

This form is a legal notice filed with the Irish court system to request relief for unfair dismissal under Section 11 of the Unfair Dismissals (Amendment) Act, 1993. It should be used when an employee believes they have been dismissed unfairly and seeks legal remedies through the courts.

This form captures details about the dismissal, the reasons for claiming unfair dismissal, and the specific relief or remedies being sought from the court.

Risk Radar

  • The most common mistake is missing the 6-month deadline from the date of dismissal.
  • Missing the 6-month deadline for filing
  • Incomplete or inaccurate information about the dismissal
  • Filing with the wrong court
  • Not including sufficient evidence of unfair dismissal

Plain English

This form helps employees who think they were fired unfairly to ask the court for help. It's the first step in taking your unfair dismissal case before an Irish judge who can decide what should happen next.

Submission Date

  • This form must be filed within 6 months of the date of dismissal, as mandated by the Unfair Dismissals Acts. Extensions are rarely granted, so prompt action is essential.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use this form when you believe you were dismissed without fair reason or proper procedure
  • Use this form when seeking remedies like reinstatement or compensation
  • Use this form when your dismissal occurred within the last 6 months
  • Use this form when other dispute resolution methods have been exhausted
  • Do not use this form for constructive dismissal claims (different procedure)

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Constructive dismissal claimForm 14ADifferent procedure for when you resigned due to employer actionsCheck if your situation qualifies as constructive dismissal
Redundancy disputeForm 1 (Redundancy Payments)Different process for redundancy situationsVerify if your dismissal was truly redundant
Disciplinary appealInternal company proceduresFirst step before court actionCheck company policy on appeals
Employment Equality claimForm 10 (Equality Tribunal)For discrimination-based dismissalsConfirm if discrimination was a factor in dismissal
Small claims employment disputeSmall Claims Court procedureFor claims under €2,000Verify your claim amount

Deadline or filing window

This form must be filed within 6 months of the date of dismissal, as mandated by the Unfair Dismissals Acts. Extensions are rarely granted, so prompt action is essential.

Before you submit

  • Complete all sections of the form with accurate information
  • Include date of dismissal and employment details
  • Specify exact reasons why dismissal was unfair
  • Identify the specific relief being sought
  • Attach relevant evidence and supporting documents
  • Verify court fees have been paid
  • Ensure proper service on all relevant parties

How to file this form

  1. 1Obtain the correct Form 36A from the Courts Service website or court office
  2. 2Complete all sections with accurate details about your employment and dismissal
  3. 3Prepare supporting documentation and evidence of unfair dismissal
  4. 4File the form with the appropriate Circuit Court or Industrial Court
  5. 5Pay the required court fees
  6. 6Ensure proper service on your former employer
  7. 7Keep a copy of the filed form and proof of service for your records

Known limitations

  • This form cannot be used for claims outside the 6-month time limit
  • The court cannot award remedies not specified in Section 11 of the Act
  • The form does not cover all types of workplace disputes
  • Complex cases may require additional legal representation
  • The court may dismiss claims with insufficient evidence

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Current Form Status

This form is current and valid for use, though employment law may be subject to periodic amendments that could affect specific requirements.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify current court fees applicable to this form
  • Check if recent legislation has affected Section 11 remedies
  • Confirm if electronic filing is now available for this form
  • Ensure address details for court offices are current
  • Verify if supporting documentation requirements have changed

Quick Facts

Employees who believe they have been dismissed unfairly and wish to seek legal remedies through the Irish court system need to file this form.
This form captures details about the dismissal, the reasons for claiming unfair dismissal, and the specific relief or remedies being sought from the court.
This form should be submitted within 6 months of the date of dismissal, as per the statutory time limit for unfair dismissal claims in Ireland.
The form should be filed with the appropriate Circuit Court or Industrial Court in Ireland, depending on the nature of the claim and employment circumstances.
Submitting this form correctly and within the time limit is crucial, as errors or delays could result in your case being dismissed or your right to seek remedies being lost.
Complete the form with accurate details about your employment, dismissal date, reasons for claiming unfair dismissal, and desired remedies. Include any relevant supporting documents and ensure it's filed with the correct court office before the 6-month deadline.

Form Details

Agency
Courts Service of Ireland
Revision Date
19/02/26

Form 36A - Notice Of Motion For Relief Under S. 11 Unfair Dismissals (Amendment) Act, 1993

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After you file

  • Keep track of court dates and correspondence
  • Prepare for potential court hearings
  • Gather additional evidence if requested by the court
  • Consider seeking legal advice if the case proceeds to hearing
  • Monitor for any responses from your former employer
  • Be prepared to attend mediation or settlement discussions

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Unfair Dismissals (Amendment) Act, 1993
  • Specifically addresses relief under Section 11
  • Standard 6-month time limit for filing
  • Filed with Circuit Court or Industrial Court
  • Requires proper service on the employer
  • Not confirmed in official source: Current court fees amount
  • Not confirmed in official source: Exact electronic filing procedures

Common confusion points

7 things to watch for

  • 1

    Confusing the 6-month deadline with other employment claim timeframes

  • 2

    Not understanding the difference between unfair dismissal and wrongful dismissal

  • 3

    Uncertainty about which court has jurisdiction for the claim

  • 4

    Misidentifying the correct type of relief to seek

  • 5

    Confusion about proper service requirements on the employer

  • 6

    Not knowing what evidence is required to support the claim

  • 7

    Uncertainty about court fees and payment methods

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