🇮🇪COURTS

Form 36B - Notice of Motion for Relief Under Section 8 of the Payment of Wages Act, 1991

This form is a Notice of Motion specifically for seeking relief under Section 8 of the Payment of Wages Act, 1991. You use it when you need the Courts Service to intervene regarding issues with wages payments.

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Form Overview

Form 36B - Notice of Motion for Relief Under Section 8 of the Payment of Wages Act, 1991

This form is a Notice of Motion specifically for seeking relief under Section 8 of the Payment of Wages Act, 1991. You use it when you need the Courts Service to intervene regarding issues with wages payments.

The form captures details about the wage issue, identifying the parties involved and stating exactly what relief is being sought under Section 8 of the Act. It outlines the specifics of the payment breach.

Risk Radar

  • Do not forget to specify *which* relief you are seeking under Section 8!
  • Not correctly identifying the specific section of the Act being breached.
  • Failing to attach necessary supporting pay slips or evidence.
  • Incorrectly naming the employer/debtor in the form fields.
  • Submitting the form without a clear 'Relief Sought' statement.

Plain English

Think of this as an official request slip addressed to the Irish courts. It tells the court that a problem has occurred with how someone's wages were paid according to the Payment of Wages Act, 1991. You are asking the court for help fixing it.

Submission Date

  • While a strict deadline isn't confirmed in this source, aim to file as soon as the wages issue becomes apparent. Delays can affect your case timeline.
  • 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

  • You are seeking court intervention regarding wage issues covered by the Payment of Wages Act, 1991.
  • Your employer has failed to pay wages correctly or on time.
  • The issue requires a formal 'Motion' before the Courts Service.
  • This is specifically for relief under Section 8, not general claims.
  • Use this when other informal dispute resolution methods have failed.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Dispute over holiday payForm (Likely) - Not confirmed in official sourceThis form addresses specific wage breaches under the Act.Check if your issue fits Section 8 criteria.
Claiming a general debt owed by an employerForm (Likely) - Not confirmed in official sourceIf it's not strictly a breach of the Payment of Wages Act, use a different motion.Confirm the exact nature of the unpaid sum.
Filing a complaint with Revenue regarding wagesForm (Likely) - Not confirmed in official sourceWhile related to pay, this form initiates action through the Courts Service itself.Check if you need CRO involvement alongside the courts.
Seeking an order from the District CourtForm 36B (This one)This is the specific notice required for Section 8 relief.Ensure the title clearly states 'Notice of Motion'.

Deadline or filing window

While a strict deadline isn't confirmed in this source, aim to file as soon as the wages issue becomes apparent. Delays can affect your case timeline.

Before you submit

  • Fill out all boxes completely; do not leave them blank if possible.
  • Use clear, legible handwriting or ensure digital text is crisp.
  • Ensure the name and address of the person applying (the claimant) are correct.
  • Verify the details of the employer/defendant company match official records.
  • Attach copies of payslips or employment contracts as evidence.
  • Sign and date the form in the designated signature area.
  • Check that the specific relief sought under Section 8 is clearly stated.
  • Confirm the court to which you are submitting.

How to file this form

  1. 1Complete all sections of Form 36B accurately.
  2. 2Gather supporting documents (e.g., unpaid wage statements).
  3. 3Sign and date the form at the bottom.
  4. 4Submit the completed package to the relevant Courts Service office/portal.
  5. 5Pay any required filing fee when submitting.
  6. 6Keep a copy of the entire submission for your records.

Known limitations

  • This form only addresses relief under Section 8; other reliefs require different forms.
  • The specific court jurisdiction must be correct for the application to proceed smoothly.
  • It does not guarantee success; it only initiates the process of seeking relief.
  • Not confirmed in official source: The maximum monetary limit covered by this specific motion is not stated on the visible template.

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Current Form Status

This is a standard notice used when you need the Courts Service to act on behalf of Section 8 of the Payment of Wages Act, 1991. The form remains active for this specific purpose.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check the issue date at the top of the form.
  • Verify if any new sections regarding digital submissions have been added.
  • Confirm the correct jurisdiction/court listed on the template.
  • Ensure the Act citation is precisely 'Payment of Wages Act, 1991'.
  • Look for changes in required supporting documentation lists.

Quick Facts

An employee or worker who believes their wages have been improperly paid needs to use this form. The employer might also need to file it if they agree with the complaint.
The form captures details about the wage issue, identifying the parties involved and stating exactly what relief is being sought under Section 8 of the Act. It outlines the specifics of the payment breach.
Submit this when a wages dispute arises that requires court intervention. The timing depends on when the alleged incorrect payments occurred.
This form must be submitted to the relevant Courts Service office in Ireland. Submission can typically be done via mail or through an official online portal.
Submitting it correctly ensures the court knows exactly what needs fixing. Errors can cause delays, meaning you wait longer for your wages issue to be resolved.
First, clearly state who is complaining and who owes the money. Then, detail the specific wage error in the relevant sections of Form 36B. Finally, sign and date the form before sending it off to the Courts Service.

Form Details

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

Form 36B - Notice of Motion for Relief Under Section 8 of the Payment of Wages Act, 1991

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After you file

  • Note down the date and time of submission.
  • Obtain a stamped or digital receipt from the Courts Service.
  • Track the case number assigned to your Notice of Motion.
  • Monitor the specified court diary/portal for next steps.
  • Be prepared to attend any initial hearing dates.

Source and verification log

  • Issued by: Courts Service of Ireland (COURTS)
  • Form Name: Form 36B - Notice of Motion for Relief Under Section 8 of the Payment of Wages Act, 1991
  • Purpose: Initiates formal court action regarding wage issues.
  • Context: Relates to Irish employment and wage law.
  • Not confirmed in official source: The specific Court level (e.g., District vs. Circuit) is not specified on this summary.

Common confusion points

5 things to watch for

  • 1

    Mistaking this form for a simple letter complaint; it requires formal Court action.

  • 2

    Not clearly stating *what* relief you want (e.g., back pay, penalty) within Section 8.

  • 3

    Failing to provide evidence that proves the wage breach occurred.

  • 4

    Submitting the form to the wrong local Courts Service office.

  • 5

    Assuming this automatically means the court agrees with your claim.

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