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[15th December 1976]4P ART I [{2}( b ) Article 4 of the Agricultural Wages
(Regulation) (Northern Ireland) Order 1977|.] B>(3) In paragraph (1) the
appropriate Department means C >>( a ) as respects a collective agreement or
such an order as is referred to in paragraph (2)( a ), the Department; C >>( b
) as respects such an order as is referred to in paragraph (2)( b ), the
Department of Agriculture. B >(4) The Department shall not make an order under
this Article in respect of an agreement unless C >>( a ) the agreement
provides for procedures to be followed (whether by arbitration or otherwise)
in cases where an employee claims that his employer has failed to pay the
whole or any part of any guaranteed remuneration to which the employee is
entitled under the agreement, and that those procedures include a right to
arbitration or adjudication by an independent referee or body in cases where
(by reason of an equality of votes or otherwise) a decision cannot otherwise
be reached; or C >>( b ) the agreement indicates that an employee to whom the
agreement relates may present a complaint to an industrial tribunal that his
employer has failed to pay the whole or any part of any guaranteed
remuneration to which the employee is entitled under the agreement; B and
where an order under this Article is in force in respect of such an agreement
as is described in sub-paragraph ( b ) an industrial tribunal shall have
jurisdiction over such a complaint as if it were a complaint falling within
Article 7. B>(5) An order under this Article may be varied or revoked by a
subsequent order thereunder, whether in pursuance of an application made by
all or any of the parties to the agreement in question, or, as the case may
be, by the council or Board referred to in paragraph (1) in relation to the
order in question, or without any such application. 6 Suspension from work on
medical grounds N Right to remuneration on suspension on medical grounds A >
9. (1) An employee who is suspended from work by his employer on medical
grounds in consequence of B> [{3}( a ) any requirement imposed by or under any
statutory provision, or <1978 NI 9 ]
for the time being specified in Schedule 1 shall, subject to the following
provisions of this Order, be entitled to be paid by his employer remuneration
while he is so suspended for a period not exceeding 26 weeks.
(2) For the purposes of this Article and Articles 10 to 13 an employee shall
be regarded as suspended from work only if, and so long as, he continues to be
employed by his employer, but is not provided with work or does not perform
the work he normally performed before the suspension.
(3) The Department may by order add provisions to or remove provisions from
the list of specified provisions in Schedule 1.
(4) If an employee is dismissed by reason of any such requirement [or
recommendation] as is referred to in paragraph (1), Article 24(1)(a) of the
No.1 Order (qualifying period for right not to be unfairly dismissed) shall
have effect in relation to that dismissal as if for the reference to [52
weeks] there were substituted a reference to 4 weeks.
© 1976 Crown Copyright
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