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Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996

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Originating application

1.—(1) Where proceedings are brought by an applicant, they shall be instituted by the applicant presenting to the Secretary an originating application, which shall be in writing and shall set out—

(a)the name and address of the applicant and, if different, an address within the United Kingdom to which he requires notices and documents relating to the proceedings to be sent;

(b)the names and addresses of the person or persons against whom relief is sought; and

(c)the grounds, with particulars thereof, on which relief is sought.

(2) In the case of an originating application in respect of a complaint under Article 77A(4A) of the Order of 1976(1) relating to a term of a collective agreement, the following persons whether or not identified in the originating application, shall be regarded as the persons against whom relief is sought and shall be treated as respondents for the purposes of these rules, that is to say—

(a)the applicant’s employer (or prospective employer); and

(b)every organisation of employers and organisation of workers, and every association of or representative of such organisations, which, if the term were to be varied voluntarily, would be likely, in the opinion of the tribunal, to negotiate the variation,

provided that such an organisation or association shall not be treated as a respondent if, having made such enquiries of the applicant and such other enquiries as it thinks fit, the tribunal is of the opinion that it is not reasonably practicable to identify the organisation or association or representative.

(3) In the case of an originating application in respect of a prohibition order pursuant to Article 5A of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981(2) or the variation or revocation of a prohibition order pursuant to Article 5C of that Order, references to “relief” in these Rules shall include such a prohibition order.

(4) Where proceedings are referred to a tribunal by a court, these rules shall be applied to them, except where the rules are inappropriate, as if the proceedings had been instituted by the presentation of an originating application.

(1)

Article 77A(4A) was inserted by S.I. 1993/2668 (N.I. 11) Article 11

(2)

S.I. 1981/839 (N.I. 20) as amended by 1994 c. 40 section 35 and Schedule 10, paragraph 2

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