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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 47

47.(1) Where an employer is required by Article 44 to give any employee a pay
statement and he does not do so, the employee may require a reference to be
made to an industrial tribunal to determine what particulars ought to have
been included in a statement so as to comply with the requirements of that
Article.

(2) Where a pay statement, or a standing statement of fixed deductions,
purporting to comply with Article 44 or 45(1), has been given to an employee
and a question arises as to the particulars which ought to have been included
in that statement so as to comply with the requirements of Article 44, or, as
the case may be, Article 45(1), either the employer or the employee may
require that question to be referred to and determined by an industrial
tribunal.

(3) In this Article a question as to the particulars which ought to have been
included in a statement does not include a question solely as to the accuracy
of an amount stated in any such particulars.

(4) An industrial tribunal shall not entertain a reference under this Article
in a case where the employment to which the reference relates has ceased
unless an application requiring the reference to be made is made before the
end of the period of three months beginning with the date on which the
employment ceased.

(5) Where on a reference under this Article an industrial tribunal finds that
an employer has failed to give an employee any pay statement in accordance
with Article 44 or that a pay statement or standing statement of fixed
deductions does not, in relation to a deduction, contain the particulars
required to be included in that statement by that Article or Article 45(1)

(a)the tribunal shall make a declaration to that effect; and

(b)where the tribunal further finds that any unnotified deductions have been
made from the pay of the employee during the period of 13 weeks immediately
preceding the date of the application for the reference (whether or not the
deductions were made in breach of the contract of employment), the tribunal
may order the employer to pay the employee a sum not exceeding the aggregate
of the unnotified deductions so made.

© 1976 Crown Copyright

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