Search Legislation

The Industrial Relations (Northern Ireland) Order 1992

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Compensation for infringement of right under Article 29

30.—(1) A person who has made a complaint against a trade union underArticle 29 which has been declared to be well-founded may make an application to an industrial tribunal for an award of compensation to be paid to him by the union.

(2) An industrial tribunal shall not entertain an application for compensation under this Article if it is made before the end of the period of four weeks beginning with the date of the declaration under Article 29 or after the end of the period of six months beginning with that date.

(3) Subject to the following provisions of this Article, the amount of compensation awarded on an application under this Article—

(a)if at the time when the application is made the applicant has been admitted or re-admitted to membership of the union against which he made the complaint, shall be such as the tribunal considers appropriate for the purpose of compensating the applicant for the loss sustained by him in consequence of the refusal or expulsion which was the subject of his complaint; and

(b)if at that time he has not been so admitted or re-admitted, shall be such as the tribunal considers just and equitable in all the circumstances.

(4) In determining the amount of compensation to be awarded under this Article, the industrial 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) Where the industrial tribunal finds that the refusal or expulsion which was the subject of the applicant’s complaint was to any extent caused or contributed to by any action of the applicant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

(6) Subject to paragraph (8), the amount of compensation awarded by an industrial tribunal under paragraph (3)(a) shall not exceed the aggregate of—

(a)an amount equal to thirty times the limit for the time being imposed by Article 35(4) of the No. 1 Order (maximum amount of a week’s pay for purpose of calculating basic award in unfair dismissal cases); and

(b)an amount equal to the limit for the time being imposed by Article 37 of that Order (maximum compensatory award in such cases).

(7) Subject to paragraph (8), the amount of compensation awarded by an industrial tribunal under paragraph (3)(b) shall not exceed the aggregate of—

(a)the amount referred to in paragraph (6)(a);

(b)the amount referred to in paragraph (6)(b); and

(c)an amount equal to fifty-two times the limit for the time being imposed by Article 32(8) of the No. 1 Order (maximum amount of a week’s pay for purpose of calculating additional award of compensation in unfair dismissal cases),

and shall not be less than the amount for the time being specified in Article 34(5A) of that Order (minimum basic award in certain cases of unfair dismissal).

(8) In determining the amount of any compensation to be awarded against a trade union on an application under this Article, any reduction or increase which is required to be made by virtue of paragraph (6) or (7) shall be made—

(a)before any reduction is made by virtue of paragraph (4) or (5); and

(b)before any reduction is made on account of sums already paid by the union by way of compensation in respect of the subject matter of the application;

and, accordingly, where the case so requires, the reductions mentioned in sub-paragraphs (a) and (b) shall be applied to the maximum or, as the case may be, minimum award under paragraph (6) or (7).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources