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The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006

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  1. Introductory Text

  2. 1.Citation, commencement and interpretation

  3. 2.Commencement of the Scheme

  4. 3.Application of Part I of the Arbitration Act 1996

  5. 4.– (1) Section 46(1)(b) of the Arbitration Act 1996 shall...

  6. Signature

    1. SCHEDULE

      THE LABOUR RELATIONS AGENCY (FLEXIBLE WORKING) ARBITRATION SCHEME

      1. I INTRODUCTION

        1. 1.The Labour Relations Agency (Flexible Working) Arbitration Scheme (“the Scheme”)...

        2. 2.The Scheme provides a voluntary alternative, in the form of...

        3. 3.Resolution of disputes under the Scheme is intended to be...

        4. 4.The Scheme also caters for requirements imposed as a matter...

      2. II THE ROLE OF THE LRA

        1. 5.As more fully explained below, cases enter the Scheme by...

        2. 6.Routing of communications

        3. 7.Paragraph 123 below sets out the manner in which any...

      3. III TERMS AND ABBREVIATIONS

        1. 8.The term “employee”is used to denote the claimant, including any...

        2. 9.The term “employer”is used to denote the respondent.

        3. 10.The term “EC law”means: (i) any provision in the domestic...

        4. 11.The term “Flexible Working Claim”means a claim by the employee...

        5. 12.With the exception of paragraph 21(i) below (“Requirements for entry...

      4. IV ARBITRATOR'S TERMS OF REFERENCE

        1. 13.Every agreement to refer a dispute to arbitration under this...

      5. V SCOPE OF THE SCHEME

        1. 14.Cases that are covered by the Scheme

        2. 15.The Scheme does not extend to other kinds of claim...

        3. 16.If a Flexible Working Claim has been referred for resolution...

        4. 17.Waiver of jurisdictional issues

        5. 18.Accordingly, when agreeing to refer a dispute to arbitration under...

        6. 19.Inappropriate cases

      6. VI ACCESS TO THE SCHEME

        1. 20.The Scheme is an entirely voluntary system of dispute resolution:...

        2. 21.Requirements for entry into the Scheme

        3. 22.Where an agreement fails to satisfy any one of these...

        4. 23.Where: (i) a dispute concerning a Flexible Working Claim as...

        5. 24.Notification to the LRA of an Arbitration Agreement

        6. 25.For the purposes of the previous paragraph, an Arbitration Agreement...

        7. 26.Where an Arbitration Agreement is not notified to the LRA...

        8. 27.Any such hearing and award will be governed by the...

        9. 28.Consolidation of proceedings

      7. VII SETTLEMENT AND WITHDRAWAL FROM THE SCHEME

        1. 29.Withdrawal by the Employee

        2. 30.Withdrawal by the Employer

        3. 31.Settlement

        4. 32.If such an agreement is reached: (i) upon the joint...

        5. 33.An agreed award shall state that it is an award...

        6. 34.In rendering an agreed award, the arbitrator:

      8. VIII APPOINTMENT OF ARBITRATORS

        1. 35.The LRA Arbitration Panel

        2. 36.Appointment to a case

        3. 37.Once the LRA has been notified of a valid Arbitration...

        4. 38.Arbitrator’s duty of disclosure

        5. 39.Once appointed, and until the arbitration is concluded, every arbitrator...

        6. 40.Removal of an arbitrator

        7. 41.Applications under the Scheme to remove an arbitrator on any...

        8. 42.If the LRA refuses such an application, a party may...

        9. 43.– (1) Sections 24(1)(a) and (c), 24(2), 24(3), 24(5) and...

        10. 44.The arbitrator may continue the proceedings and make an award...

        11. 45.Death of an arbitrator

        12. 46.Replacement of an arbitrator

        13. 47.Once appointed, the replacement arbitrator shall determine whether and, if...

      9. IX GENERAL DUTY OF THE ARBITRATOR

        1. 48.The arbitrator shall: (i) act fairly and impartially as between...

        2. 49.The arbitrator shall comply with the general duty (see paragraph...

      10. X GENERAL DUTY OF THE PARTIES

        1. 50.The parties shall do all things necessary for the proper...

      11. XI CONFIDENTIALITY AND PRIVACY

        1. 51.Arbitrations, and all associated procedures under the Scheme, are strictly...

        2. 52.The arbitrator, the parties and an officer of the LRA...

      12. XII ARRANGEMENTS FOR THE HEARING

        1. 53.Initial arrangements

        2. 54.Once an arbitrator has been appointed a hearing shall be...

        3. 55.The LRA, in conjunction with the arbitrator, shall decide the...

        4. 56.The LRA shall contact all parties with details of the...

        5. 57.Expedited hearings

        6. 58.Venue

        7. 59.Where premises have to be hired for a hearing, the...

        8. 60.Assistance

        9. 61.Travelling expenses/loss of earnings

        10. 62.No loss of earnings is payable by the LRA to...

        11. 63.Applications for postponements of initial hearings

        12. 64.If the application is rejected, the initial hearing will be...

        13. 65.This provision does not affect the arbitrator’s general discretion (set...

      13. XIII NON-COMPLIANCE WITH PROCEDURE

        1. 66.If a party fails to comply with any aspect of...

      14. XIV OUTLINE OF PROCEDURE BEFORE THE HEARING

        1. 67.Once a hearing has been fixed, the following procedure shall...

        2. 68.Written materials

        3. 69.Written statements of case should briefly set out the main...

        4. 70.Supporting documentation or other material may include (without limitation) copies...

        5. 71.The parties must also supply details of any relevant awards...

        6. 72.Legible copies of documents must be supplied to the LRA...

        7. 73.No information on the conciliation process, if any, in respect...

        8. 74.Submissions, evidence and witnesses not previously notified

        9. 75.All representatives and witnesses who have been listed as accompanying...

        10. 76.Requests for documents

        11. 77.Requests for attendance of witnesses

        12. 78.Preliminary hearings and directions

        13. 79.In the course of a preliminary hearing and/or through the...

      15. XV OUTLINE OF PROCEDURE AT THE HEARING

        1. 80.Arbitrator’s overall discretion

        2. 81.Administration

        3. 82.Witnesses

        4. 83.Examination by the arbitrator

        5. 84.Representatives

        6. 85.Strict rules of evidence

        7. 86.Non-attendance at the hearing

        8. 87.In the case of the non-attendance of the employee, if...

        9. 88.Post-hearing written materials

      16. XVI QUESTIONS OF EC LAW AND THE HUMAN RIGHTS ACT 1998

        1. 89.Appointment of legal adviser

        2. 90.The legal adviser will be appointed by the LRA, to...

        3. 91.The arbitrator shall allow the legal adviser to attend the...

        4. 92.The parties shall be given a reasonable opportunity to comment...

        5. 93.Court determination of preliminary points

      17. XVII. AWARDS

        1. 94.Form of the award

        2. 95.The award (unless it is an agreed award) shall:

        3. 96.Remedies

      18. XVIII AWARDS OF COMPENSATION

        1. 97.Subject to paragraph 98 below, when an arbitrator makes an...

        2. 98.When an arbitrator makes an award of compensation in respect...

        3. 99.In calculating the amount of a week’s pay of an...

      19. XIX ISSUE OF AWARDS AND CONFIDENTIALITY

        1. 100.The arbitrator’s award shall be sent by the LRA to...

        2. 101.The award shall be confidential, and shall only be issued...

      20. XX CORRECTION OF AWARDS

        1. 102.Scrutiny of awards by the LRA

        2. 103.Correction by the arbitrator

        3. 104.In so far as any such correction or additional award...

        4. 105.Any application by a party for the exercise of this...

        5. 106.Any correction of the award shall be made within 28...

        6. 107.Any additional award shall be made within 56 days of...

        7. 108.Any correction of the award shall form part of the...

      21. XXI EFFECT OF AWARDS, ENFORCEMENT AND INTEREST

        1. 109.Effect of awards

        2. 110.This does not affect the right of a person to...

        3. 111.Enforcement

        4. 112.Interest

      22. XXII CHALLENGING THE AWARD

        1. 113.Challenges on grounds of substantive jurisdiction

        2. 114.Challenges for serious irregularity

        3. 115.Appeals on questions of EC law and the Human Rights Act 1998

        4. 116.Time limits and other procedural restrictions on challenges to awards

        5. 117.Common law challenges and saving

        6. 118.Challenge or appeal: effect of order of the court

      23. XXIII LOSS OF RIGHT TO OBJECT

        1. 119.If a party to arbitral proceedings under this Scheme takes...

      24. XXIV IMMUNITY

        1. 120.An arbitrator under this Scheme is not liable for anything...

        2. 121.The LRA, by reason of having appointed an arbitrator or...

      25. XXV MISCELLANEOUS PROVISIONS

        1. 122.– (1) Sections 80(1), (2), (4), (5), (6) and (7)...

        2. 123.Service of documents and notices on the LRA

        3. 124.Paragraph 123 (above) does not apply to the service of...

        4. 125.Service of documents or notices on any other person or entity (other than the LRA)

        5. 126.If such a notice or other document is addressed, pre-paid...

        6. 127.Paragraphs 125 and 126 (above) do not apply to the...

        7. 128.Powers of court in relation to service of documents

        8. 129.Reckoning periods of time

      26. XXVI TERRITORIAL OPERATION OF THE SCHEME

        1. 130.Territorial application

      27. APPENDIX A

        WAIVER OF RIGHTS

  7. Explanatory Note

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