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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 36

36.(1) The amount of the compensation awarded by a tribunal on a complaint
under Article 34 shall be such amount as the tribunal considers just and
equitable in all the circumstances having regard to the infringement of the
complainant's right under Article 33 by the employer's action complained of
and to any loss sustained by the complainant which is attributable to that
action.

(2) The said loss shall be taken to include

(a)any expenses reasonably incurred by the complainant in consequence of the
action complained of, and

(b)loss of any benefit which he might reasonably be expected to have had but
for that action.

(3) In ascertaining the said loss the tribunal shall apply the same rule
concerning the duty of a person to mitigate his loss as applies to damages
recoverable under the common law of Northern Ireland.

(4) In determining the amount of compensation to be awarded under paragraph
(1) no account shall be taken of any pressure as is referred to in Article
35(2), and that question shall be determined as if no such pressure had been
exercised.

(5) Where the tribunal finds that the action complained of was to any extent
caused or contributed to by any action of the complainant it shall reduce the
amount of the compensation by such proportion as it considers just and
equitable having regard to that finding.

© 1976 Crown Copyright

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