INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 51



51.(1) An appropriate trade union may present a complaint to an industrial
tribunal on the ground that an employer has dismissed as redundant or is
proposing to dismiss as redundant one or more employees and has not complied
with any of the requirements of Article 49.

(2) If on a complaint under this Article a question arises as to the matters
referred to in Article 49(8), it shall be for the employer to show

(a)that there were special circumstances which rendered it not reasonably
practicable for him to comply with any requirement of Article 49; and

(b)that he took all such steps towards compliance with that requirement as
were reasonably practicable in those circumstances.

(3) Where the tribunal finds a complaint under paragraph (1) well-founded it
shall make a declaration to that effect and may also make a protective award
in accordance with paragraph (4).

(4) A protective award is an award that in respect of such descriptions of
employees as may be specified in the award, being employees who have been
dismissed, or whom it is proposed to dismiss, as redundant, and in respect of
whose dismissal or proposed dismissal the employer has failed to comply with
any requirement of Article 49, the employer shall pay remuneration for a
protected period.

(5) The protected period under an award under paragraph (4) shall be a period
beginning with the date on which the first of the dismissals to which the
complaint relates takes effect, or the date of the award, whichever is the
earlier, of such length as the tribunal shall determine to be just and
equitable in all the circumstances having regard to the seriousness of the
employer's default in complying with any requirement of Article 49, not
exceeding

(a)in a case faling within Article 49(3)(a), 90 days;

(b)in a case falling within Article 49(3)(b), [30 days]; or

(c)in any other case, 28 days.

(6) An industrial tribunal shall not consider a complaint under paragraph (1)
in respect of an employer's default in relation to a dismissal or proposed
dismissal unless it is presented to the tribunal before the proposed dismissal
takes effect or before the end of the period of three months beginning with
the date on which the dismissal takes effect or within such further period as
the tribunal considers reasonable in a case where it is satisfied that it was
not reasonably practicable for the complaint to be presented within the period
of three months.

(7) "Appropriate trade union", in relation to an employee of any description,
means an independent trade union recognised by his employer in respect of that
description of employee.

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

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/irio1976436/s1976.html

Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 51