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

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 57



57.(1) The Secretary of State may by order provide that on any claim to which
this Article applies or any such claim of a description specified in the
order, being in either case a claim satisfying the relevant condition or
conditions mentioned in paragraph (3), proceedings for the recovery of damages
or any other sum, except damages or a sum due in respect of personal injuries,
may be brought before an industrial tribunal.

(2) Subject to paragraph (3), this Article applies to any of the following
claims, that is to say

(a)a claim for damages for breach of a contract of employment or any other
contract connected with employment;

(b)a claim for a sum due under such a contract;

(c)a claim for the recovery of a sum in pursuance of any statutory provision
relating to the terms or performance of such a contract;

(3) An order under this Article may make provision with respect to any such
claim only if it satisfies either of the following conditions, that is to say

(a)it arises or is outstanding on the termination of the employee's
employment; or

(b)it arises in circumstances which also give rise to proceedings already or
simultaneously brought before an industrial tribunal otherwise than by virtue
of this Article;

(4) Where on proceedings under this Article, an industrial tribunal finds that
the whole or part of a sum claimed in the proceedings is due, the tribunal
shall order the respondent to the proceedings to pay the amount which it finds
due.

(5) Without prejudice to the generality of the power to make supplementary,
incidental or transitional provision in an order under this Article, such an
order may include provisions

(a)as to the manner in which and time within which proceedings are to be
brought by virtue of this Article; and

(b)modifying any other statutory provision.

(6) Regulations under Article 59 of the No. 1 Order may include provision for
enabling an industrial tribunal to hear and determine proceedings brought by
virtue of this Article concurrently with proceedings brought before the
tribunal otherwise than by virtue of this Article.

(7) Any jurisdiction conferred on an industrial tribunal by virtue of this
Article in respect of any claim shall be exercisable concurrently with any
court in Northern Ireland which has jurisdiction to hear and determine an
action in respect of the claim.

(8) In this Article "personal injuries" includes any disease and any
impairment of a person's physical or mental condition; and any reference to
breach of a contract includes a reference to breach of

(a)a term implied in a contract by or under any statutory provision or
otherwise;

(b)a term of a contract as modified by or under any statutory provision or
otherwise; and

(c)a term which, although not contained in a contract, is incorporated in the
contract by another term of the contract.

(9) An order under this Article shall be subject to annulment in pursuance of
a resolution of either House of Parliament in like manner as a statutory
instrument and section 5 of the Statutory Instruments Act 1946 shall apply
accordingly.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 57