INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 56



56.(1) For the purposes of this Part a trade union shall be treated as
recognised not only if it is recognised for the purposes of collective
bargaining, but also if the Agency has made a recommendation under Article
7(1) for recognition of that union [which has not been revoked].

(2) For the purposes of any proceedings under this Part, the dismissal or
proposed dismissal of an employee shall be presumed, unless the contrary is
proved, to be by reason of redundancy.

(3) For the purposes of Part II of Schedule 2 as it applies for the
calculation of a week's pay for the purposes of Article 52 the calculation
date is

(a)in the case of an employee who was dismissed before the date on which the
protective award was made, the date which by virtue of paragraph 5 of Schedule
3 to the Act of 1965 is the calculation date for the purpose of computing the
amount of a redundancy payment in relation to that dismissal (whether or not
the employee concerned is entitled to any such payment); and

(b)in any other case, the date on which the protective award was made.

(4) The Department may by order vary the provisions of Articles 49(3) and
50(1) and the periods referred to in Article 51(5)(a) to (c) and may vary
those provisions or periods either generally or in their application to any
description of employees, but no such order shall be made which has the effect
of reducing to less than 30 days the periods referred to in Articles 49(3) and
50(1) as the periods which must elapse before the first of the dismissals
takes effect.

[(4A) For the purposes of this part references to redundancy and to being
redundant, in relation to an employee, are references to

(a)the fact that the employer has ceased, or intends to cease to carry on the
business for the purposes of which the employee is or was employed by him, or
has ceased, or intends to cease, to carry on that business in the place where
the employee is or was so employed, or

(b)the fact that the requirements of that business for employees to carry out
work of a particular kind, or for employees to carry out work of a particular
kind in the place where he is or was so employed, have ceased or diminished or
are expected to cease or diminish;

Para.(5) rep. by 1976 NI 28 art.65(3) sch.6

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 56