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Dáil
‹ Ceisteanna-Questions. Oral Answers. - Employment Appeals Tribunal.

Witness expenses in tribunal proceedings

Summary

The Minister said the Act makes no provision for witness expenses and relayed that summoned witnesses giving independent evidence receive an allowance.

asked the Minister for Labour if travelling expenses are paid for witnesses in cases brought by him as a result of findings by the Employment Appeals Tribunal.

Comment on this

Section 10 (3) (a) of the Unfair Dismissals Act, 1977, provides that any costs incurred by the Minister in relation to proceedings in the Circuit Court for redress under section 10 of the Act and required by the Circuit Court to be borne by the Minister shall be paid by the Minister. The Act does not make any provision for the payment of witnesses' expenses. However, I have had inquiries made in the matter from the office of the Chief State Solicitor, and I understand the position is as follows.

A person on whom a summons is served for the purpose of giving independent evidence is paid an allowance to cover travel costs and, if appropriate, meal costs. Where on the other hand, a witness is a former employee on whose behalf the Chief State Solicitor, at the behest of the Minister for Labour, takes a case at no cost to him, that person is not entitled to travelling expenses from the State. If he gives prior notice in good time to the Chief State Solicitor that he wishes to claim such expenses, the matter is put to the court for decision. If any such costs are awarded, they are likely to be awarded against the employer.

Comment on this