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This Order amends Schedules 2, 3 and 4 to the Employment (Northern Ireland) Order 2003 (“the 2003 Order”) and comes into operation on 6th April 2007.
Part IV of the 2003 Order provides for statutory dispute resolution procedures which are set out in Schedule 1 to that Order. There are procedures for both dismissal and disciplinary proceedings and grievance issues. These procedures apply to the jurisdictions which are listed in Schedules 2 and 3 to the 2003 Order.
Additionally, Article 17 of the 2003 Order requires an industrial tribunal to adjust a compensatory award in certain circumstances in the case of the jurisdictions listed in Schedule 2. Article 19 of the 2003 Order precludes the presentation in certain circumstances of a case arising under a jurisdiction listed in Schedule 3. Article 27 allows an industrial tribunal to award compensation in certain cases arising under the jurisdictions listed in Schedule 4.
Article 3 of this Order adds the jurisdictions specified therein to the jurisdictions listed in Schedules 2, 3 and 4 to the 2003 Order.
This Order also contains transitional provisions. These specify that the dismissal and disciplinary procedures only apply where the employer first contemplated taking action after the Order comes into operation, and the grievance procedure only applies where the grievance occurs after the Order comes into operation unless the grievance is a continuing matter and the employee has raised it with his employer or has presented a complaint to an industrial tribunal before that date.
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