[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 36

36.(1) Subject to Articles 37 and 38, the amount of the compensatory award
shall be such amount as the tribunal considers just and equitable in all the
circumstances having regard to the loss sustained by the complainant in
consequence of the dismissal in so far as that loss is attributable to action
taken by the employer.

(2) The said loss shall be taken to include

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

(b)subject to paragraph (3), loss of any benefit which he might reasonably be
expected to have had but for the dismissal.

(3) The said loss, in respect of any loss of any entitlement or potential
entitlement to, or expectation of, a payment on account of dismissal by reason
of redundancy, whether in pursuance of the Act of 1965 or otherwise, shall
include only the loss referable to the amount, if any, by which the amount of
that payment would have exceeded the amount of a basic award (apart from any
reduction under Article 35(6) or (7)) in respect of the same dismissal.

(4) 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.

(5) In determining for the purposes of paragraph (1) how far any loss
sustained by the complainant was attributable to action taken by the employer
no account shall be taken of any pressure which, by calling, organising,
procuring or financing a strike or other industrial action, or threatening to
do so, was exercised on the employer to dismiss the employee, and that
question shall be determined as if no such pressure had been exercised.

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

(7) If the amount of any payment made by the employer the employee on the
ground that the dismissal was by reason of redundancy, whether in pursuance of
the Act of 1965 or otherwise, exceeds the amount of the basic award which
would be payable but for Article 35(7) that excess shall go to reduce the
amount of the compensatory award.

© 1976 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/irio1976436/s1976.html