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The Trade Union and Labour Relations (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Application to county court in respect of employer’s failure

61.—(1)  A person who claims his employer has failed to comply with Article 60 in deducting or refusing to deduct any amount from emoluments payable to him may apply to the county court.

(2) If the county court is satisfied that there has been such a failure it shall make a declaration to that effect.

(3) The county court may, if it considers it appropriate to do so in order to prevent a repetition of the failure, make an order requiring the employer to take, within a specified time, the steps specified in the order in relation to emoluments payable by him to the applicant.

(4) Where in proceedings arising out of Article 60(3) (refusal to deduct union dues) the question arises whether the employer’s refusal to deduct an amount was attributable to the certificate having been given or was otherwise connected with the duty under Article 60(1), it is for the employer to satisfy the county court that it was not.

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