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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 40

40.(1) An industrial tribunal shall not consider

(a)a complaint under Article 37, 38 or 39 that an employer has failed to
permit an employee to take time off; or

(b)a complaint under Article 37 that an employer has failed to pay an employee
the whole or part of any amount required to be paid under that Article;

(2) Where an industrial tribunal finds any complaint mentioned in paragraph
(1)(a) well-founded the tribunal shall make a declaration to that effect and
may make an award of compensation to be paid by the employer to the employee
which shall be of such amount as the tribunal considers just and equitable in
all the circumstances having regard to the employer's default in failing to
permit time off to be taken by the employee and to any loss sustained by the
employee which is attributable to the matters complained of.

(3) Where on a complaint under Article 37 an industrial tribunal finds that
the employer has failed to pay the employee the whole or part of the amount
required to be paid under that Article, the tribunal shall order the employer
to pay the employee the amount which it finds due to him.

© 1976 Crown Copyright

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