OpenLegislation

Paragraph 119

Northern Ireland

(1)

If the Court is satisfied that the employer has failed to fulfil any of theF1 duties imposed on him by paragraph 118, and the ballot has not been held, the Court may order the employer—

(a)

to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and

(b)

to do so within such period as the Court considers reasonable and specifies in the order.

(2)

If—

(a)

the ballot has been arranged in consequence of an application under paragraph 106 or 107,

(b)

the Court is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and

(c)

the ballot has not been held,

the Court may refuse the application.

F2(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

If the Court refuses an application under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.

Annotations

Textual amendments

F1

Words in Sch. 1A para. 119(1) substituted (8.1.2006) by Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19)), arts. 1(2), 3, Sch. 1 para. 9(10); S.R. 2005/571, art. 3, Sch. (with art. 5)

F2

Sch. 1A para. 119(3) repealed (8.1.2006) by Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19)), arts. 1(2), 3, 30(2), Sch. 1 para. 21(22), Sch. 3; S.R. 2005/571, art. 3, Sch. (with art. 5)

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

Notes on Schedule 1A

Textual amendments

F1

1999 NI 9