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The Industrial Tribunals (Northern Ireland) Order 1996


This is the original version (as it was originally made).

Power to confer further jurisdiction on industrial tribunals

5.—(1) The Secretary of State may by order provide that proceedings in respect of—

(a)any claim to which this Article applies, or

(b)any claim to which this Article applies and which is of a description specified in the order,

may, subject to such exceptions (if any) as may be so specified, be brought before an industrial tribunal.

(2) Subject to paragraph (3), this Article applies to—

(a)a claim for damages for breach of a contract of employment or other contract connected with employment,

(b)a claim for a sum due under such a contract, and

(c)a claim for the recovery of a sum in pursuance of any statutory provision relating to the terms or performance of such a contract,

if the claim is such that a court in Northern Ireland would under the law for the time being in force have jurisdiction to hear and determine an action in respect of the claim.

(3) This Article does not apply to a claim for damages, or for a sum due, in respect of personal injuries.

(4) Any jurisdiction conferred on an industrial tribunal by virtue of this Article in respect of any claim is exercisable concurrently with any court in Northern Ireland which has jurisdiction to hear and determine an action in respect of the claim.

(5) In this Article “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.

(6) In this Article a reference to breach of a contract includes a reference to breach of—

(a)a term implied in a contract by or under any statutory provision or otherwise,

(b)a term of a contract as modified by or under any statutory provision or otherwise, and

(c)a term which, although not contained in a contract, is incorporated in the contract by another term of the contract.

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