INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 59



59.(1) The Department may by regulations (in this Article and Article 61
referred to as "the regulations") make such provision as appears to it to be
necessary or expedient with respect to proceedings before industrial
tribunals.

(2) The regulations may in particular include provision

(a)for determining by which tribunal any appeal, question or complaint is to
be determined;

(b)for treating the Department (either generally or in such circumstances as
may be prescribed by the regulations) as a party to any proceedings before an
industrial tribunal, where it would not otherwise be a party to them, and
entitling it to appear and to be heard accordingly;

(c)for requiring persons to attend to give evidence and produce documents, and
for authorising the administration of oaths to witnesses;

(d)for granting to any person such discovery or inspection of documents or
right to further particulars as might be granted by a county court;

(e)for prescribing the procedure to be followed on any appeal, reference or
complaint or other proceedings before an industrial tribunal, including
provisions as to the persons entitled to appear and to be heard on behalf of
parties to such proceedings, and provisions for enabling an industrial
tribunal to review its decisions, and revoke or vary its order and awards, in
such circumstances as may be determined in accordance with the regulations;

(f)for the appointment of one or more assessors for the purposes of any
proceedings before an industrial tribunal, where the proceedings are brought
under a statutory provision which provides for one or more assessors to be
appointed;

(g)for the award of costs or expenses, including any allowances payable under
section 13(3) of the Industrial Training Act (Northern Ireland) 1964 other
than allowances payable to members of industrial tribunals or assessors;

(h)for taxing or otherwise settling any such costs or expenses (and, in
particular, for enabling such costs to be taxed in the county court); and

(i)for the registration and proof of decisions, orders and awards of
industrial tribunals.

(3) In relation to proceedings on complaints under Article 29 or any other
statutory provision in relation to which there is provision for conciliation
the regulations shall include provision

(a)for requiring a copy of any such complaint, and a copy of any notice
relating to it which is lodged by or on behalf of the employer against whom
the complaint is made, to be sent to [the Agency];

(b)for securing that the complainant and the employer against whom the
complaint is made are notified that the conciliation services of [the Agency]
are available to them; and

(c)for postponing the hearing of any such complaint for such period as may be
determined in accordance with the regulations for the purpose of giving an
opportunity for the complaint to be settled by way of conciliation and
withdrawn.

[(4) In relation to proceedings under Article 29

(a)where the employee has expressed a wish to be re-instated or re-engaged
which has been communicated to the employer at least seven days before the
hearing of the complaint; or

(b)where the proceedings arise out of the employer's failure to permit the
employee to return to work after an absence due to pregnancy or confinement,

(5) Subject to paragraph (6), an industrial tribunal shall not consider a
complaint under Article 29 unless it is presented to the tribunal before the
end of the period of three months beginning with the effective date of
termination 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 before the end of the period of three months.

(6) An industrial tribunal shall consider a complaint under Article 29 if,
where the dismissal is with notice, the complaint is presented after the
notice is given notwithstanding that it is presented before the effective date
of termination and in relation to such a complaint the provisions of this
Order so far as it relates to unfair dismissal, shall have effect

(a)as if references to a complaint by a person that he was unfairly dismissed
by his employer included references to a complaint by a person that his
employer has given him notice in such circumstances that he will be unfairly
dismissed when the notice expires;

(b)as if references to reinstatement included references to the withdrawal of
the notice by the employer;

(c)as if references to the effective date of termination included references
to the date which would be the effective date of termination on the expiry of
the notice; and

(d)as if references to an employee ceasing to be employed included references
to an employee having been given notice of dismissal.

(7) The regulations may enable an industrial tribunal to sit in private for
the purpose of hearing evidence which in the opinion of the tribunal relates
to matters of such a nature that it would be against the interests of national
security, public safety or public order to allow the evidence to be given in
public or hearing evidence from any person which in the opinion of the
tribunal is likely to consist of

(a)information which he could not disclose without contravening a prohibition
imposed by or under any statutory provision; or

(b)any information which has been communicated to him in confidence or which
he has otherwise obtained in consequence of the confidence reposed in him by
another person; or

(c)information the disclosure of which would, for reasons other than its
effect on negotiations with respect to any of the matters mentioned in Article
3(1), cause substantial injury to any undertaking of his or any undertaking in
which he works.

(8) The regulations may include provision authorising or requiring an
industrial tribunal, in circumstances specified in the regulations, to send
notice or a copy of any document so specified relating to any proceedings
before the tribunal, or of any decision, order or award of the tribunal, to
any Northern Ireland department or other person or body so specified.

(9) The Arbitration Act (Northern Ireland) 1937 shall not apply to any
proceedings before an industrial tribunal.

(10) Where in accordance with the regulations an industrial tribunal
determines in the same proceedings

(a)a question referred to it under Part II of the Act of 1965; and

(b)a complaint presented under Article 29,

(11) Any person who without reasonable excuse fails to comply with any
requirement imposed by the regulations by virtue of paragraph (2)(c) or any
requirement with respect to the discovery or inspection of documents so
imposed by virtue of paragraph (2)(d) shall be liable on summary conviction to
a fine not exceeding #100.
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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 59
