INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 26



26.(1) An application may be made jointly to the Department by all the parties
to a dismissal procedures agreement to designate that agreement for the
purposes of this Article.

(2) On any such application the Department, after consultation with the
Agency, may make such a designation in writing if it is satisfied

(a)that every trade union which is a party to the dismissal procedures
agreement is an independent trade union;

(b)that the agreement provides for procedures to be followed in cases where an
employee claims that he has been, or is in the course of being, unfairly
dismissed;

(c)that those procedures are available without discrimination to all employees
falling within any description to which the agreement applies;

(d)that the remedies provided by the agreement in respect of unfair dismissal
are on the whole as beneficial as (but not necessarily identical with) those
provided in respect of unfair dismissal by this Order;

(e)that the procedures provided by the agreement include a right to
arbitration or adjudication by an independent referee, or by a tribunal or
other independent body, in cases where (by reason of an equality of votes or
for any other reason) a decision cannot otherwise be reached; and

(f)that the provisions of the agreement are such that it can be determined
with reasonable certainty whether a particular employee is one to whom the
agreement applies or not.

(3) Where a dismissal procedures agreement is for the time being designated
under this Article, the provisions of that agreement relating to dismissal
shall have effect in substitution for any rights under Article 20; and
accordingly that Article shall not apply to the dismissal of an employee from
any employment if it is employment to which, and he is an employee to whom,
those provisions of the agreement apply.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 26