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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 26

26.(1) A person who has

(a)made a claim for a rebate under Article 22, in a case to which paragraph
(1) of that Article applies; or

(b)applied for a payment under Article 23,

(i)the Department has failed to make any such payment; or

(ii)any such payment made by the Department is less than the amount which
should have been paid.

(2) Where an industrial tribunal finds that the Department ought to make any
such payment or further payment, it shall make a declaration to that effect
and shall also declare the amount of any such payment which it finds the
Department ought to make.

(3) An employer who has made a claim for a rebate under Article 22, in a case
to which paragraph (2) of that Article applies, may, subject to paragraph (5),
appeal to an industrial tribunal on the ground that

(a)the Department has refused to pay a rebate; or

(b)any rebate paid by the Department is less than the amount which should have
been paid,

(4) Where the Department determines that an amount is recoverable from an
employer under Article 24, the employer may, subject to paragraph (5), appeal
to an industrial tribunal; and if on any such appeal the tribunal is satisfied
that no amount should be recovered from the employer, or that a lesser or
greater amount should be recovered (but in any case not exceeding the amount
of maternity pay which the employer failed to pay) the tribunal shall
determine accordingly and the amount, if any, so determined shall be the
amount recoverable from the employer by the Department.

(5) An industrial tribunal shall not entertain a complaint or appeal under
this Article unless it is presented to the tribunal within the period of three
months beginning with the date on which the relevant decision of the
Department was communicated to the complainant or appellant or within such
further period as the tribunal considers reasonable in a case where it is
satisfied that it was not reasonably practicable for the complaint or appeal
to be presented within the period of three months.

© 1976 Crown Copyright

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