• PART 38 PART 38 – EMPLOYMENT DIVISION

    • 314. Application of this Part

      (1) This Part contains special provisions dealing with claims in the Employment Division (“employment claim”).
      (2) Other Rules shall apply to employment claims except to the extent that a rule or a practice direction limits such application or the Court orders otherwise.

    • 315. The claim form

      (1) Proceedings are started on the date entered on the claim form when the Court issues the claim form at the claimant’s request.
      (2) The claim form must –
      (a) state what final orders the claimant seeks;
      (b) include the particulars of the claimant’s case;
      (c) include the details of, and attach, all documents which record the terms of employment between the claimant and the defendant as set out in the relevant practice direction;
      (d) include the name and address for service of the defendant, together with any other available information. Where the defendant is a company, partnership or other entity the claimant shall state the defendant’s registered office or any place of business of the defendant which has a real connection with the claim;
      (e) where the claim form is to be served outside the jurisdiction, include the grounds on which the claimant is entitled to bring the claim against the defendant; and
      (f) contain any other matter that may be set out in the relevant practice direction.

    • 316. Service of the claim form

      (1) The registry will serve the claim form on the defendant by any method permitted under Part 4 of these Rules, unless otherwise directed by the Court.
      (2) The provisions of Rules 18, 22 and 23 apply to service of a claim form filed in the Employment Division.

    • 317. Responding to an employment claim

      (1) Within 14 days after the defendant is served with the claim, the defendant must file in accordance with the relevant practice direction:
      (a) an admission and any request for time to pay in accordance with Rules 42 and 43;
      (b) an admission and any request for time to pay in accordance with Rules 42 and 43, and a defence, together with any counterclaim, if the defendant admits only part of the claim;
      (c) a defence, together with any counterclaim, if the defendant disputes the whole of the claim; or
      (d) an application to dispute the Court’s jurisdiction to try the claim.
      (2) Where any counterclaim is filed and served, Rule 317(1) shall apply as appropriate.

    • 318. Default judgment

      (1) Judgment in default of a defence may be obtained where the defendant:
      (a) at the date on which judgment is entered has not filed a defence and the relevant time for doing so has expired; or
      (b) has filed a counterclaim and at the date on which judgment is entered a defence has not been filed and the relevant time for doing so has expired.
      (2) A default judgment may include interest as provided for by a practice direction.
      (3) The provisions of Rules 40 and 41 apply to default judgments entered in the Employment Division.
      (4) A default judgment will be made available to the applicant through the eCourts Platform and will be served by the registry on all other parties to the proceeding by any method permitted under Part 4 of these Rules.

    • 319. 319. Admissions and Request for Time to Pay

      The provisions of Rules 42 and 43 apply to admissions and a request for time to pay.

      • 319A. Claim stayed if not defended or admitted

        (1) Where at least 3 months have expired since the end of the period for filing and serving a defence, no defendant has filed or served an admission or a defence or a counterclaim and the claimant has not entered or applied for default judgment under Rule 318 or for summary judgment under Rule 68, the claim shall be stayed.
        (2) Where a claim is stayed under this Rule, any party may apply for the stay to be lifted.
        Inserted on September 1, 2021