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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 32



32.(1) If an order under Article 31 is made and the complainant is reinstated
or, as the case may be, re-engaged but the terms of the order are not fully
complied with, then, subject to Article 37, an industrial tribunal shall make
an award of compensation, to be paid by the employer to the employee, of such
amount as the tribunal thinks fit having regard to the loss sustained by the
complainant in consequence of the failure to comply fully with the terms of
the order.

(2) Subject to paragraph (1), if an order under Article 31 is made but the
complainant is not reinstated or, as the case may be, re-engaged in accordance
with the order

(a)the tribunal shall make an award of compensation for unfair dismissal,
calculated in accordance with Articles 33 to 36, to be paid by the employer to
the employee; and

(b)unless the employer satisfies the tribunal that it was not practicable to
comply with the order, the tribunal shall make an additional award of
compensation to be paid by the employer to the employee of an amount

(i)where the dismissal is of a description referred to in paragraph (3), not
less than 26 or more than 52 weeks' pay, or

(ii)in any other case, not less than 13 or more than 26 weeks' pay.

(3) The descriptions of dismissal in respect of which an employer may incur a
higher additional award in accordance with paragraph (2)(b)(i) are the
following, that is to say,

(a)a dismissal which is unfair by virtue of Article 22(4) or (6);

(b)a dismissal which is an act of discrimination (within the meaning of the
Sex Discrimination (Northern Ireland) Order 1976) which is unlawful by virtue
of that Order.

(4) Where in any case an employer has engaged a permanent replacement for a
dismissed employee the tribunal shall not take that fact into account in
determining, for the purposes of paragraph (2)(b) whether it was practicable
to comply with the order for reinstatement or re-engagement unless the
employer shows that it was not practicable for him to arrange for the
dismissed employee's work to be done without engaging a permanent replacement.

(5) If on a complaint under Article 29 the tribunal finds that the grounds of
the complaint are well-founded, and no order is made under Article 31 the
tribunal shall make an award of compensation for unfair dismissal, calculated
in accordance with Articles 33 to 36, to be paid by the employer to the
employee.

(6) Where in any case the tribunal makes an award of compensation for unfair
dismissal, calculated in accordance with Articles 33 to 36, and the tribunal
finds that the complainant has unreasonably prevented an order under Article
31 from being complied with, it shall, without prejudice to the generality of
Article 36(4), take that conduct into account as a failure on the part of the
complainant to mitigate his loss.

(7) For the purposes of Part II of Schedule 2 as it applies for the
calculation of a week's pay for the purpose of paragraph (2)(b), the
calculation date where the dismissal was with notice is the date on which the
notice was given and in any other case the effective date of termination.

(8) Notwithstanding anything in the said Part II, the amount of a week's pay
for the purpose of calculating an additional award under paragraph (2)(b)
shall not exceed [#130].



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