Complaints to industrial tribunalsN.I.
82.—(1) An employee may present a complaint to an industrial tribunal that his employer—
(a)has unreasonably refused to permit him to take time off as required by Article 80, or
(b)has failed to pay the whole or any part of any amount to which the employee is entitled under Article 81(1) or (4).
(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented—
(a)before the end of the period of three months beginning with the date on which it is alleged that the time off should have been permitted, or
(b)within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
[F1(2A) Article 249B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of paragraph (2)(a).]
(3) Where an industrial tribunal finds a complaint under this Article well-founded, the tribunal shall—
(a)make a declaration to that effect, and
(b)order the employer to pay to the employee the amount which it finds due to him.
(4) The amount which may be ordered by a tribunal to be paid by an employer under paragraph (3) (or, where the employer is liable to pay remuneration under Article 81, the aggregate of that amount and the amount of that liability) shall not exceed, in respect of the notice period of any employee, forty per cent. of a week's pay of that employee.
F1Art. 82(2A) inserted (27.1.2020) by Employment Act (Northern Ireland) 2016 (c. 15), s. 29(2), Sch. 2 para. 20; S.R. 2020/1, art. 2(n)