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The Industrial Relations (Northern Ireland) Order 1992

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Complaint of infringement of right under Article 34

35.—(1) An individual who claims that he has been unjustifiably disciplined by a trade union may present a complaint against the union to an industrial tribunal that his right under Article 34 has been infringed.

(2) A tribunal shall not entertain a complaint presented by any individual against a trade union under this Article unless it is presented to the tribunal before the end of the period of three months beginning with the date of the making of the determination which the individual claims constituted an infringement of his right or within such further period as the tribunal considers reasonable in a case where it is satisfied as to one or both of the matters mentioned in paragraph (3).

(3) The matters referred to in paragraph (2) are—

(a)that it was not reasonably practicable for the complaint to be presented before the end of the period of three months; and

(b)that any delay in the making of the complaint is wholly or partly attributable to any reasonable attempt, otherwise than under this Article, to appeal against the determination to which the complaint relates or to have that determination reconsidered or reviewed.

(4) Where, on a complaint presented by any individual against a trade union under this Article, the tribunal finds that that individual has been unjustifiably disciplined by that union, the tribunal shall make a declaration that the complaint is well-founded.

(5) Where an individual who is, or is seeking to be, in employment to which Article 29 applies is refused membership of, or is expelled from, a trade union in pursuance of a determination which constitutes an infringement of his right under Article 34—

(a)that individual shall not be entitled to present any complaint under this Article in respect of that determination; but

(b)the refusal or expulsion shall be regarded as unreasonable for the purposes of Article 29.

(6) Any provision in an agreement shall be void in so far as it purports—

(a)to exclude or limit the right conferred by Article 34 or the operation of this Article or Article 36; or

(b)to preclude any individual from presenting a complaint under this Article or from making an application under Article 36,

but this paragraph shall not apply to an agreement to refrain from instituting or continuing proceedings where the Agency has taken action in accordance with Article 62(2) or (5) of the No. 1 Order.

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