Form 36D - Notice of Motion for Relief Under Section 29 of the Organisation of Working Time Act, 1997

What this form is for

• • Use this form when standard working time restrictions create significant operational difficulties
• • Use this form when seeking court approval for alternative working arrangements
• • Use this form when other exemption methods under the Act are not suitable
• • Do not use this form for routine workplace disputes
• • Do not use this form for issues that can be resolved through employment relations bodies

Use this form or another form?

Deadline or filing window

Applications should be submitted well in advance of when the relief is needed, typically at least 4-6 weeks before planned implementation of non-standard working arrangements.

Before you submit

• • All sections of the form completed
• • Clear explanation of why relief is needed
• • Details of specific provisions from which relief is sought
• • Proposed alternative working arrangements
• • Supporting evidence of operational necessity
• • Correct court fee included
• • Copy retained for records
• • Contact details updated

How to file this form

1. 1Complete all sections of Form 36D with accurate information
2. 2Gather supporting documentation showing necessity for relief
3. 3Calculate and prepare the required court fee
4. 4Submit the completed form to the appropriate court office
5. 5Keep a copy of the submitted form and receipt
6. 6Attend any required court hearing
7. 7Follow up with court for decision

Known limitations

• • Court relief is not guaranteed and must demonstrate genuine necessity
• • Form only applies to Organisation of Working Time Act provisions
• • Does not replace statutory consultation requirements
• • May not provide immediate relief as court process takes time
• • Does not exempt from other employment legislation