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Appeal against an employment claims order made by a tribunal
When to appeal
Before an appeal to the General Division of the High Court can be made, an application must be filed with the District Court to obtain leave or permission.
Note
If you missed a court session and an order was made in your absence, you may apply to set aside the order instead of filing an appeal.
Conditions for appeal
A party may appeal to the General Division of the High Court against an order of a tribunal based on either one or both of the following:
- On any grounds (reason) involving a question of law.
- On the grounds that the claim was outside the jurisdiction of the tribunal.
Note
If you are uncertain whether you have a right to appeal, do consult a lawyer. A lawyer can be hired to represent a party for application for leave or permission to appeal proceedings at the District Court and appeal proceedings at the General Division of the High Court.
Key facts
If you are filing the application for leave or permission to appeal, you are the appellant.
The other party is the respondent.
Refer to the following to find out how to file an application for leave or permission to appeal.
When to file | Within 7 days after the date on which the order was made. |
Filing fee | $100 |
How to file | Through the Community Justice and Tribunals System (CJTS). |
Tip
All applications must be filed through CJTS. If you need access to computers, visit the Business Centre at the State Courts, Level 2 during operating hours.
What you will need
You should prepare the following (where applicable) before you file:
- Your claim number.
- Your grounds of appeal.
- The order number you are appealing against.
- A soft copy of supporting documents (if any) in PDF format.
How to file and serve an application for leave or permission to appeal
You will need to follow these steps:
Step | Result |
|---|---|
Your application for leave/permission to appeal is filed in CJTS. | |
The respondent is notified that you have filed an application for leave/permission to appeal. |
When: within 7 days after the date on which the order was made.
Log in to CJTS. Under the Online Applications tab, select Application for Leave/Permission to Appeal and follow the instructions to fill in the required information.
For detailed instructions, refer to the CJTS user guide for filing employment disputes (PDF, 4784 KB).
Print and serve a copy of the Application for Leave/Permission to Appeal on the respondent within 7 days after the date of filing the application for leave/permission to appeal.
When: within 7 days of the date of filing the leave or permission to appeal.
You may serve the documents on the respondent through one of the following ways:
Service method | What it is |
|---|---|
Personal Delivery | Delivering hard copies of the documents personally to the respondent. |
Registered post | (if to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them. |
Others | Delivering the documents by any means (including fax or email) as directed by the Employment Claims Tribunals (ECT). |
Note
If the respondent wishes to oppose your application, they can file and serve a response to the Application for Leave or Permission to Appeal within 7 days after they are served with the Application for Leave or Permission to Appeal.
After you file
The court will arrange for a case management conference before a State Courts registrar who will brief you and the respondent on the administrative details of appeal before scheduling a hearing date before a district judge. Both parties will be informed of the case management conference date through CJTS.
You and the respondent will have to attend court on the scheduled date and time for the case management conference. If you are absent, the registrar may make an order or give directions subject to their discretion for the just, quick and economical disposal of the application, including dismissing the application.
After the registrar has scheduled a date and time for the hearing of your application for leave or permission to appeal before the District Court, you must attend the hearing. If you are absent, the District Court may dismiss your application for leave or permission to appeal.
A District Court judge will decide whether to allow or dismiss your application for leave or permission to appeal at the hearing.
If leave or permission is granted, you may commence appeal proceedings in the General Division of the High Court. Any order of a District Court giving or refusing leave is final and not subject to any appeal.
If leave/permission is granted
You can make an appeal to the General Division of the High Court only after leave or permission to appeal is given by the District Court.
If leave or permission is granted, you should follow these steps for your appeal to be heard in the High Court.
Step | Result |
|---|---|
Your Notice of Appeal is filed in CJTS. | |
| 2. File and serve the appellant's case |
|
| 3. File and serve copies of the record of appeal | Your record of appeal is filed with the ECT registrar. |
When: within 7 days of the District Court granting leave to appeal
Key facts
Refer to the following to find out how to file and serve a Notice of Appeal.
When to file | Within 7 days of the District Court granting leave to appeal. |
Filing fee | $600 |
Other fees | $50 to extract your leave to appeal order. |
Where to file | Through CJTS. |
What you will need
You should prepare the following (where applicable) before you file:
- The District Court's order granting leave to appeal to the General Division of the High Court.
- Your ECT case number.
- Your Application for Leave to Appeal number.
- A soft copy of supporting documents (if any) in PDF format.
How to file a Notice of Appeal
Complete and save a copy of the Notice of Appeal (Form 82, State Courts Practice Directions) in PDF format.
Log in to CJTS. Under the Online Applications tab, select General Application and upload the Notice of Appeal.
Follow the instructions and pay the required fees.
After you file
After you file the Notice of Appeal, the ECT will prepare the record of proceedings related to your case. The record of proceedings consists of:
- A certified copy of the grounds of the order (the reasons for the court’s decision).
- A certified copy of the notes of proceedings (a record of the notes taken by the tribunal magistrate during the hearing).
The ECT registrar will notify you via CJTS when the record of proceedings is ready and will be sent to you via CJTS.
Tip
You should read thesedocuments carefully and consider if you wish to continue with the appeal. You may wish to seek legal advice on the merits of your case.
Pay the security for costs
You will need to pay security for costs to the Accountant-General's Department (AGD). This amount serves as a deposit for the respondent’s costs of appeal.
Complete and save a copy of the Notice of Payment into Court (Form 84 of the State Courts Practice Directions) in PDF format.
Log in to CJTS. Under the Online Applications tab, select General Application and upload the Notice of Payment into Court. You will receive instructions on the depositing of the security with AGD.
Estimated fees
Refer to the following for the possible fees you will need to pay.
Item or service | Fee |
|---|---|
Security for costs | $500 |
Obtain documents for the AGD for security for costs | $10 |
Certificate for security for costs | $20 |
When: within 21 days after the date on which you are notified of the record of proceedings.
Key facts
Refer to the following to find out how to file and serve an appellant's case.
When to file | Within 21 days after the date on which you are notified of the availability of record of proceedings. |
Filing fee | $600 |
Where to file | Through CJTS. |
How to file and serve an appellant's case
Complete and save a copy of the Appellant’s Case (Form 87, State Courts Practice Directions) in PDF format.
Log in to CJTS. Under the Online Applications tab, select General Application and upload the Appellant's Case. You will receive instructions on the payment of filing fee for the appellant's \case.
You will then need to serve a copy of the Appellant's Case on the respondent through one of the following ways:
Service method | What it is |
|---|---|
Personal Delivery | Delivering hard copies of the documents personally to the respondent. |
Registered post | (If to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them. |
CJTS | Submitting soft copies of the documents to the respondent through CJTS. |
Others | Delivering the documents by any means (including fax or email) as directed by the State Courts. |
Note
If you do not file the appellant's case within 21 days, your appeal will be treated as withdrawn.
After you file
The respondent may wish to contend on your appeal on either of the following:
- The order of tribunal should be varied in any event or in the event of appeal being allowed in whole or in part.
- The order should be affirmed on grounds other than those relied upon by that tribunal.
The respondent may then file the respondent's case prepared according to Form 87 of the State Courts Practice Directions and serve a copy on you within 7 days after being served the appellant's case.
The respondent's case will specify the respondent's reasons for contending the appeal.
When: within 14 days after the date on which the appellant's case is filed.
Key facts
Refer to the following to find out how to file and serve an appellant's case.
When to file | Within 14 days after the date on which the appellant's case is filed. |
Where to file | With the ECT registrar. |
What you will need
A record of appeal contains the following documents. You should prepare hard copies of each (where applicable) before you file:
- Your Notice of Appeal.
- Your certificate of deposit of security for costs.
- Your appellant's case.
- The respondent's case (if any).
- The record of proceedings.
- The order you are appealing against.
- Your supporting documents to show how the matter was decided and the nature of the appeal (if any).
How to file and serve a record of appeal
You will need to follow these steps:
- File 3 copies of the record of appeals with the ECT registrar.
- Serve a copy of the record of appeals on the respondent through one of the following ways:
Service method | What it is |
|---|---|
Personal Delivery | Delivering hard copies of the documents personally to the respondent. |
Registered post | (if to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them. |
CJTS | Submitting soft copies of the documents to the respondent through CJTS. |
Others | Delivering the documents by any means (including fax or email) as directed by the State Courts. |
If you fail to file a record of appeal within 14 days after the date on which the appellant's case is filed, the respondent who has filed a respondent's case may proceed with the appeal.
Note
Your appeal will be treated as withdrawn if:
- You and the respondent do not file a record of appeal.
- You do not file a record of appeal and the respondent does not file a respondent's case.
At your appeal hearing
You will be notified of the hearing in the General Division of the High Court by the Supreme Court Registry by post. You must attend your appeal hearing. If you are absent, the General Division of the High Court may dismiss your appeal.
The General Division of the High Court may make the following orders:
- Dismiss the appeal.
- Allow the appeal.
- Set aside or vary the order.
- Remit the matter to the tribunal for reconsideration.
- The court may also order a rehearing of the matter by a different tribunal with such directions.
- Order as to costs and expenses.
The decision of the General Division of the High Court is final and is not subject to any further appeal.
Apply for a stay of execution
You must still comply with an order after you file an appeal against it. The other party can enforce the order if you do not comply.
You need not comply with the order if it has been set aside on appeal by the High Court.
If you wish to suspend enforcement of the order while awaiting the outcome of your appeal, you must apply for a stay of execution. The order can only be stayed (suspended) if the application is granted by the District Court or General Division of the High Court.
What you will need
You should prepare the following (where applicable) before you file:
- Your claim number.
- The order number.
- Your reasons for applying.
- Your supporting documents (if any) in PDF format.
How to file
Log in to CJTS. Under the Online Applications tab, select Application for Stay of Execution. Follow the instructions to fill in the required information, which includes your reasons for applying.
After you file
The ECT will schedule a hearing for your application and inform you of the date and time to attend court through CJTS.
If your application is allowed, the other party is not allowed to enforce the order of tribunal against you.
If your application is dismissed, the other party may enforce the order of tribunal against you.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Refer to Guide to Employment Claims (PDF, 226 KB).
Legislation associated with this topic includes:
Refer to Paragraph 142 of the State Courts Practice Directions for employment claims.
Go to Step-by-step guide
Step-by-step guide
2021/07/23
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