How To File an Appeal
- The parties in an appeal are the Appellant(s) (a person who files an appeal) and the Respondent(s) (the person(s) defending the decision being appealed).
- The procedure is laid out in the Retirement Benefits (Tribunal) Rules, 2000.
- The appeal is lodged by way of Memorandum of Appeal which should set out concisely grounds of appeal, consecutively numbered.
- The Memorandum is to be signed by the Appellant or his/her representative and is to be accompanied by a statement of facts (also signed) setting out facts on which the appeal is based.
- Reference is to be made to documentary evidence if any or other evidence proposed to be adduced at the hearing.
- The original decision appealed from and each document or extract referred to which the appellant proposes to rely on at the hearing must be annexed.
- The appeal is entered by presentation of six (6) copies to the Tribunal Clerk with the requisite filing fees.
- The Appellant must serve the Respondent(s) (the Chief Executive Officer/Authority or any other party) with all documents filed within seven (7) days of filing at the Tribunal.
- If the Respondent does not admit facts then they must file a defence (accompanied by a statement of facts) with the Tribunal Clerk within twenty- one (21) days of being served with the Memorandum.
- Civil Procedure Rules are to apply in lodging and hearing of appeal subject to the provisions of the Retirement Benefits Act and Regulations.