The European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009

Complaint about establishment of special negotiating body

9.—(1) An application may be presented to the Industrial Court for a declaration that the special negotiating body has not been established at all or has not been established properly in accordance with regulation 8.

(2) An application may be presented under this regulation by any of the following—

(a) a person elected or appointed to be a member of the special negotiating body;

(b) an employees’ representative;

(c) where there is no employees’ representative in respect of a participating company or concerned subsidiary, an employee of that participating company or concerned subsidiary;

(d) the competent organ of a participating company or concerned subsidiary.

(3) The Industrial Court may only consider an application made under paragraph (1) if it is made within a period of one month following the date or, if more than one, the last date on which the participating companies complied or should have complied with the obligation to inform their employees under regulation 8(5).

(4) If the Industrial Court finds the application well-founded—

(a) it must make a declaration that the special negotiating body has not been established at all or has not been established properly, and

(b) the competent organs of the participating companies continue to be under the obligation in regulation 8(1).