INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 62



62.(1) The provisions of paragraphs (2) 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 Article 20,
48, 49 or 52; or

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

(2) 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,

(3) For the purpose of promoting such a settlement, in a case arising out of a
contravention, or alleged contravention of Article 20 where the complainant
has ceased to be employed by the employer against whom the complaint was made,

(a)[the Agency] shall in particular seek to promote the reinstatement or
re-engagement of the complainant by the employer, or by a successor of the
employer or by an associated employer, on terms appearing to [the Agency] to
be equitable; but

(b)where the complainant does not wish to be reinstated or re-engaged, or
where reinstatement or re-engagement is not practicable, and the parties
desire [the Agency] to act under this Article, it shall seek to promote
agreement between them as to a sum by way of compensation to be paid by the
employer to the complainant.

(4) Paragraph (2) shall not apply in respect of any period during which, by
virtue of Article 29(2), an industrial tribunal may not proceed under this
Order.

(5) 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,

(6) In proceedings under paragraph (2), (3) or (5) [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, subject to negative resolution

(a)direct that further provisions of this Order be added to the list in
paragraph (1)(a);

(b)specify a provision of any other statutory provision as one to which
paragraph (1)(b) applies.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 62