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

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 56



56.(1) The remedy of an employee for infringement of any of the rights
conferred on him by any provision of this Order shall, if provision is made
for a complaint or for the reference of a question to an industrial tribunal,
be by way of such complaint or reference in accordance with the relevant
provisions of this Order and with tribunal regulations made under Article 59
of the No. 1 Order, and not otherwise.

(2) The provisions of paragraphs (3) to (7) shall have effect in relation to
industrial tribunal proceedings, or claims which could be the subject of
tribunal proceedings,

(a)arising out of a contravention, or alleged contravention, of the following
provisions of this Order that is to say, Articles 3, 9, 15, 33, 37, 38, 39, 41
and 44;

(b)arising out of a contravention, or alleged contravention, of a provision of
any other statutory provision specified by an order under paragraph (8); or

(c)which are proceedings or claims in respect of which an industrial tribunal
has jurisdiction by virtue of an order under Article 57.

(3) Where a complaint has been presented to an industrial tribunal, and a copy
of it has been sent to [the Agency], it shall be the duty of [the Agency]

(a)if it is requested to do so by the complainant and by the person against
whom the complaint is presented, or

(b)if, in the absence of any such request, [the Agency] considers that it
could act under this paragraph with a reasonable prospect of success,

(4) Where at any time

(a)a person claims that action has been taken in respect of which a complaint
could be presented by him to an industrial tribunal, but

(b)before any complaint relating to that action has been presented by him,

(5) Paragraphs (3) and (4) shall apply, with appropriate modifications, to the
presentation of a claim and the reference of a question to an industrial
tribunal as they apply to the presentation of a complaint.

(6) In proceeding under paragraph (3) or (4) [the Agency] shall where
appropriate have regard to the desirability of encouraging the use of other
procedures available for the settlement of grievances.

(7) Anything communicated to [the Agency] in connection with the performance
of its functions under this Article shall not be admissible in evidence in any
proceedings before an industrial tribunal, except with the consent of the
person who communicated it to [the Agency].

(8) The Department may by order

(a)direct that further provisions of this Order be added to the list in
paragraph (2)(a);

(b)specify a provision of any other statutory provision as one to which
paragraph (2)(b) applies.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 56