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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 35

35.(1) On a complaint under Article 34 it shall be for the employer to show

(a)the purpose for which action was taken against the complainant; and

(b)that the purpose was not such a purpose as is referred to in Article
33(1)(a) to (c) or (6).

(2) In determining, on a complaint under Article 34, any question as to
whether action was taken by the complainant's employer or the purpose for
which it was taken, no account shall be taken of any pressure which, by
calling, organising, procuring or financing a strike or other industrial
action, or threatening to do so, was exercised on the employer to take the
action complained of, and that question shall be determined as if no such
pressure had been exercised.

(3) If on a complaint under Article 34 it is shown that the action complained
of was taken for the purpose of safeguarding national security or protecting
public safety or public order, the industrial tribunal shall dismiss the
complaint.

(4) A certificate signed by or on behalf of the Secretary of State, and
certifying that the action specified in the certificate was taken for the
purpose of safeguarding national security or protecting public safety or
public order shall for the purposes of this Article be conclusive evidence of
that fact; and a document purporting to be such a certificate shall be taken
to be such a certificate unless the contrary is proved.

© 1976 Crown Copyright

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