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Form 36H - Notice of Motion for Relief Under Section 32 of the National Minimum Wage Act 2000

This form is a formal Notice of Motion filed with the Courts Service of Ireland. It specifically requests 'Relief' under Section 32 of the National Minimum Wage Act 2000. You use it when you need the courts to step in regarding minimum wage compliance.

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Form Overview

Form 36H - Notice of Motion for Relief Under Section 32 of the National Minimum Wage Act 2000

This form is a formal Notice of Motion filed with the Courts Service of Ireland. It specifically requests 'Relief' under Section 32 of the National Minimum Wage Act 2000. You use it when you need the courts to step in regarding minimum wage compliance.

The form captures details about the minimum wage breach. It requires you to state exactly what relief you are asking the court to grant.

Risk Radar

  • Failing to cite Section 32 correctly is a common error.
  • Not clearly identifying the breach under S.32
  • Missing details of the relief sought
  • Incorrectly naming the parties involved
  • Filing without a clear factual basis

Plain English

Think of this as asking the court for help concerning minimum wage issues. If someone isn't paying the required national minimum wage, this form starts the official process to get that fixed by the judge. It puts a formal request on record with the Courts Service.

Submission Date

  • While no specific date is listed here, file this form as soon as the minimum wage issue arises or when instructed by your legal advisor.
  • 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 need the court to officially intervene regarding minimum wage issues.
  • Someone (an employer or employee) is challenging a minimum wage payment.
  • The issue falls specifically under Section 32 of the 2000 Act.
  • Use this when you need a formal 'Notice of Motion' rather than just making an informal complaint.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Dispute over holiday payForm related to Employment Status/PayThis form is for minimum wage relief, not general pay claims.Check if the claim relates to the *minimum* wage threshold.
General employment dispute (not wage specific)Other Courts Service FormsThe other forms cover broader issues; 36H targets Section 32 specifically.Confirm the core issue is a breach of minimum wage standards.
Requesting an order from CROForm related to Company/CRO mattersThis form is for wage relief, not company registration changes.Ensure the matter involves an employee's pay under NMWA 2000.

Deadline or filing window

While no specific date is listed here, file this form as soon as the minimum wage issue arises or when instructed by your legal advisor.

Before you submit

  • Ensure all parties involved are clearly named in the motion.
  • Attach evidence showing the minimum wage breach (payslips, contracts, etc.).
  • Fill out the date and location of filing correctly.
  • Verify that you understand *what* relief you are asking for.
  • Sign or digitally attest to the form's accuracy.

How to file this form

  1. 1Complete all sections of Form 36H thoroughly.
  2. 2Gather supporting documents proving the minimum wage issue.
  3. 3Submit the completed form to the relevant Courts Service office.
  4. 4Pay any required filing fee (if applicable).
  5. 5Keep a copy for your own records.

Known limitations

  • This form only initiates action; it does not guarantee the court will grant relief.
  • It is specific to Section 32 of the National Minimum Wage Act 2000; other breaches might need different forms.
  • The required supporting documents are not confirmed in official source, so check instructions.
  • Filing this form does not automatically mean the case moves immediately to a hearing.

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Current Form Status

This is a formal document filed through the Courts Service of Ireland. It remains the specific route to ask the court for relief under the National Minimum Wage Act 2000.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check if there are updated court procedural requirements mentioned on the cover page.
  • Verify the exact wording of Section 32 reference matches current legislation.
  • Confirm any changes to required supporting documentation lists.
  • Look for updates regarding digital filing protocols (e.g., e-filing portals).

Quick Facts

An employer, employee, or another interested party needs to file this form. The person filing must be seeking relief under the specific provisions of the National Minimum Wage Act 2000.
The form captures details about the minimum wage breach. It requires you to state exactly what relief you are asking the court to grant.
Submit this when a minimum wage issue occurs that requires judicial intervention. There is no strict universal deadline mentioned, but it should be filed promptly after the alleged breach.
You submit this form through the Courts Service of Ireland system. This could be via their online portal or by posting it to the relevant court office.
Submitting correctly ensures your request is properly heard by the judge. Errors can lead to delays or the court rejecting your application outright.
First, fill in all personal and case details clearly. Next, precisely detail how the National Minimum Wage Act 2000 has been breached. Finally, specify exactly what relief you want the Court to grant before submitting it.

Form Details

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

Form 36H - Notice of Motion for Relief Under Section 32 of the National Minimum Wage Act 2000

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After you file

  • Note the date and time of submission/filing.
  • Obtain a confirmation receipt from the Courts Service.
  • Track whether the other party has filed a response or counter-motion.
  • Be ready to provide further evidence if requested by the court registry.

Source and verification log

  • Issued by: Courts Service of Ireland.
  • Form Name: Form 36H - Notice of Motion for Relief Under Section 32 of the National Minimum Wage Act 2000.
  • Purpose: To formally request court intervention regarding minimum wage compliance.
  • Context: Related to Irish employment law and judicial proceedings.

Common confusion points

4 things to watch for

  • 1

    Thinking this form covers all employment law issues (it only focuses on minimum wage).

  • 2

    Not clearly stating *what* relief is sought (e.g., back pay, declaration of breach).

  • 3

    Filing it with the wrong local Courts Service office.

  • 4

    Assuming the other party automatically agrees with your motion.

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