INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 52



52.(1) An independent trade union may refer to [the Agency], in writing in
such form as [the Agency] may require, a complaint that an employer has failed
to disclose to representatives of that trade union information which he was
required to disclose to them by Article 50, or to confirm any such information
in writing in accordance with paragraph (5) of that Article.

(2) If on receipt of such a complaint [the Agency] is of the opinion that the
complaint is reasonably likely to be settled by conciliation, it shall seek to
promote a settlement of the matter.

(3) Where the complaint is not settled or withdrawn and [the Agency] is of the
opinion that

(a)the complaint is not reasonably likely to be settled by conciliation; or

(b)that further attempts at conciliation are unlikely to result in a
settlement, [the Agency] shall refer the complaint to the Industrial Court.

(4) The Industrial Court shall hear and determine the complaint and shall make
a declaration stating whether it finds the complaint well-founded, wholly or
in part, and stating the reasons for its finding.

(5) On the hearing of a complaint under this Article any person who the Court
considers has a proper interest in the complaint shall be entitled to be heard
by the Court, but a failure to accord a hearing to a person other than the
trade union and employer directly concerned shall not affect the validity of
any decision of the Court in those proceedings.

(6) If the Court finds the complaint wholly or partly well-founded, the
declaration shall specify

(a)the information in respect of which the Court finds that the complaint is
well-founded;

(b)the date (or, if more than one, the earliest date) on which the employer
refused or failed to disclose, or, as the case may be, to confirm in writing,
any of the information specified under sub-paragraph (a); and

(c)a period (not being less than one week from the date of the declaration)
within which the employer ought to disclose, or, as the case may be, to
confirm in writing, the information specified under sub-paragraph (a).

(7) On a hearing of a complaint under this Article a certificate signed by or
on behalf of the Secretary of State and certifying that a particular request
for information could not be complied with except by disclosing information
the disclosure of which would have been against the interests of national
security, public safety or public order shall be conclusive evidence of that
fact; and a document which purports to be such a certificate shall be taken to
be such a certificate unless the contrary is proved.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/ir2io1976463/s1976.html

Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 52