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Fair Employment (Northern Ireland) Act 1989 (repealed 1.3.1999)
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Changes over time for: Section 6
Version Superseded: 04/08/1997
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1992- Amendment
- 24/09/1996- Amendment
- 24/09/1996
Point in time - 04/08/1997- Amendment
- 01/08/1998- Amendment
- Stop date 01/03/1999- Amendment
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Point in time view as at 24/09/1996. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Fair Employment (Northern Ireland) Act 1989 (repealed 1.3.1999), Section 6.
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6 Complaints involving matters within the jurisdiction of industrial tribunal.N.I.
(1)This section applies where a complaint has been made to the Tribunal under Part III of the M1Fair Employment (Northern Ireland) Act 1976 and it appears to the President or Vice-President that the complaint is one in respect of which—
(a)a complaint could be made to an industrial tribunal on the ground that—
(i)the complainant has been unfairly dismissed within the meaning of [F1Part XI of the Employment Rights (Northern Ireland) Order 1996.], or
(ii)a person has committed an act of discrimination against the complainant which is unlawful by virtue of Part III of the Sex Discrimination (Northern Ireland) Order 1976, or
(b)a complaint has been made to an industrial tribunal on that ground, but the proceedings under the [F2Employment Rights (Northern Ireland) Order 1996] or the M2Sex Discrimination (Northern Ireland) Order 1976 have not been disposed of.
(2)Where this section applies and the President or Vice-President considers that any matters which would otherwise fall to be determined by an industrial tribunal could appropriately be heard and determined by the Tribunal, he may direct that those matters shall be so heard and determined.
[F3(3)Where a direction is made under subsection (2) that any matters shall be heard and determined by the Tribunal, then—
(a)for the purpose of complying with that direction, the Tribunal shall, in relation to those matters, have the jurisdiction, and may exercise all the powers, of an industrial tribunal;
(b)neither [F4Article 11(5) of the Industrial Tribunals (Northern Ireland) Order 1996] nor Article 63(3) of the Sex Discrimination (Northern Ireland) Order 1976 shall apply in relation to the hearing and determination of those matters by the Tribunal;
(c)[F5Articles 16 and 17 of the Industrial Tribunals (Northern Ireland) Order 1996] (recovery of, and interest on, sums awarded by industrial tribunals) shall apply in relation to any sum payable in pursuance of a decision of the Tribunal in relation to any such matters as it applies in relation to a sum payable in pursuance of a decision of an industrial tribunal; and
(d)[F6Article 22 of the Industrial Tribunals (Northern Ireland) Order 1996] (appeals against decisions of industrial tribunals) shall apply in relation to a decision of the Tribunal in relation to any such matters as it applies in relation to a decision of an industrial tribunal.]
Textual Amendments
F1Words in s. 6(1)(a)(i) substituted (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 255, Sch. 1 (with Sch. 2)
F2Words in s. 6(1)(b) substituted (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 255, Sch. 1 (with Sch. 2)
F3S. 6(3) substituted (1.7.1992) by S.I. 1992/807 (N.I. 5), art. 106(3); S.R. 1992/212, art. 2(3).
F4Words in s. 6(3)(b) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 7(1)
F5Words in s. 6(3)(c) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 7(2)
F6Words in s. 6(3)(d) substituted (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 26, Sch. 1 para. 7(3)
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