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 42



42.(1) If on an application made to it in writing by an employee the
Department is satisfied

(a)that the employer of that employee has become insolvent; and

(b)that on the relevant date the employee was entitled to be paid the whole or
part of any debt to which this Article applies,

(2) In this Article the "relevant date" in relation to a debt means the date
on which the employer became insolvent or the date of the termination of the
employee's employment, whichever is the later.

(3) This Article applies to the following debts:

(a)any arrears of pay in respect of a period or periods not exceeding in the
aggregate eight weeks;

(b)any amount which the employer is liable to pay the employee for the period
of notice required by section 1(1) or (2) of the Act of 1965 (minimum period
of notice) or for any failure of the employer to give the period of notice
required by section 1(1) of that Act;

(c)any holiday pay in respect of a period or periods of holiday, not exceeding
six weeks in all, to which the employee became entitled during the 12 months
immediately preceding the relevant date;

(d)any basic award of compensation for unfair dismissal;

(e)any reasonable sum by way of reimbursement of the whole or part of any fee
or premium paid by an apprentice or articled clerk.

[(4) For the purposes of paragraph (3)(a) any amount owed by an employer to an
employee in respect of

(a)remuneration under a protective award made under Article 51;

(b)a guarantee payment under Article 3 of the No. 2 Order;

(c)remuneration on suspension on medical grounds under Article 9 of that
Order;

(d)any payment for time off under Article 37(4) or 41(3) of that Order;

(5) The total amount payable to an employee in respect of any debt mentioned
in paragraph (3), where the amount of that debt is referable to a period of
time, shall not exceed [#130] in respect of any one week or, in respect of a
shorter period, an amount bearing the same proportion to [#130] as that
shorter period bears to a week.

(6) A sum shall be taken to be reasonable for the purposes of paragraph (3)(e)
if it is admitted to be reasonable by the court under section 250 of the
Irish Bankrupt and Insolvent Act 1857 (preferential claims of apprentices) or,
in the case where a liquidator has been or is required to be appointed, if it
is admitted to be reasonable by the liquidator under that section as applied
to the winding up of a company by section 286 of the Companies Act (Northern
Ireland) 1960.

(7) The provisions of paragraphs (8) and (9) shall apply in a case where one
of the following officers (hereafter in this Article referred to as the
"relevant officer") is acting or has been or is required to be appointed in
connection with the employer's insolvency, that is to say, the Official
Assignee, a liquidator, a receiver or manager, or a trustee under a
composition or arrangement between the employer and his creditors or under a
trust deed for his creditors executed by the employer.

(8) Subject to paragraph (9), the Department shall not in such a case make any
payment under this Article in respect of any debt until it has received a
statement from the relevant officer of the amont of that debt which appears to
have been owed to the employee on the relevant date and to remain unpaid; and
the relevant officer shall, on request by the Department, provide it, as soon
as reasonably practicable, with such a statement.

(9) Where

(a)a period of six months has elapsed since the application for a payment
under this Article was received by the Department, but no such payment has
been made;

(b)the Department is satisfied that a payment under this Article should be
made; and

(c)it appears to the Department that there is likely to be further delay
before it receives a statement about the debt in question,

[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 42