INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 41



41.(1) At any time between the making of an order by an industrial tribunal
under Article 39 and the determination or settlement of the complaint to which
it relates, the employer or the employee may apply to the tribunal for the
revocation or variation of the order on the ground of a relevant change of
circumstances since the making of the order, and that Article shall apply to
the application as it applies to an application for an order under that
Article except that

(a)no certificate need be presented to the tribunal under paragraph (2)(b),
and no copy of the certificate need be given to the employer under paragraph
(3) of that Article; and

(b)in the case of an application by an employer, for the reference in the said
paragraph (3) to the employer there shall be substituted a reference to the
employee.

(2) If on the application of an employee an industrial tribunal is satisfied
that the employer has not complied with the terms of an order for the
reinstatement or re-engagement of the employee under Article 39(7) or (8)

(a)the tribunal shall make an order for the continuation of the employee's
contract of employment and Article 40 shall apply to an order under this
paragraph as it applies to an order for the continuation of a contract of
employment under Article 39; and

(b)the tribunal shall also order the employer to pay the employee such
compensation as the tribunal considers just and equitable in all the
circumstances having regard to the infringement of the employee's right to be
reinstated or re-engaged in pursuance of the order under Article 39(7) or (8)
and to any loss suffered by the employee in consequence of the non-compliance.

(3) If on the application of an employee an industrial tribunal is satisfied
that the employer has not complied with the terms of an order for the
continuation of a contract of employment, then

(a)if the non-compliance consists of a failure to pay an amount by way of pay
specified in the order, the tribunal shall determine the amount of pay owed by
the employer to the employee on the date of the determination, and, if on that
date the tribunal also determines the employee's complaint that he has been
unfairly dismissed by his employer, the tribunal shall specify that amount
separately from any other sum awarded to the employee; and

(b)in any other case, the tribunal shall order the employer to pay the
employee such compensation as the tribunal considers just and equitable in all
the circumstances having regard to any loss suffered by the employee in
consequence of the non-compliance.

(4) An industrial tribunal hearing an application under Article 39 or this
Article may consist of the President of Industrial Tribunals, the chairman of
the tribunal or a member of a panel of chairmen of such tribunals for the time
being nominated by the President to hear such applications.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 41