Northern Ireland Certification Office for Trade Unions and Employers' Associations
Formal Hearings By The Certification Officer Under The Trade Union And Labour Relations ( Northern Ireland ) Order 1995,
As Amended
Notes On Procedure
Foreword
As many applicants are not legally represented, hearings will be informal in procedure. The Certification Officer shall, as appropriate, avoid formality in any proceedings and shall not be bound by any enactment or rule of law relating to the admissibility of evidence in legal proceedings.
Notice of the Hearing
The parties should receive at least 14 days’ notice of the date of the hearing before the Certification Officer. Shorter notice is valid if the Certification Officer agrees and with the consent of all the parties to the application. Hearings will normally be held at the
Certification Office, 2 - 8, Gordon Street, Belfast, BT1 2LG.An adjournment or postponement of the hearing can be obtained if the party has a good reason and the Certification Officer, in considering the application for an adjournment, will consider what is in the best interests of justice and the expeditious determination of the case.
The background to the complaint, the statutory provisions and / or trade union rules which are alleged to have been breached, will be clarified in correspondence with the parties before a hearing is held.
The Certification Officer’s staff will prepare case papers and documents to be presented at the hearing. Staff will ensure that, where possible, documents are agreed between the parties. The fact that documents are agreed between the parties does not mean the parties admit the contents of the documents, but merely that it is agreed that those documents will be referred to at the hearing.
The parties may submit written representations by way of a skeleton argument or an outline of their case to the Certification Officer. Written submissions should be sent to the Certification Officer not less than 7 days prior to the hearing. Written submissions which are sent to the Certification Officer less than 7 days before the hearing may result in a postponement of the hearing.
All hearings are heard in public. Separate consulting rooms will be available to the parties, their representatives and any witnesses for the duration of the hearing.
If a party fails to appear or to be represented at the hearing the Certification Officer will make his declaration from the written evidence and documents submitted and, if appropriate, an enforcement order.
Order of the Hearing
The Certification Officer shall make such enquiries of persons appearing before him and witnesses as he considers appropriate, and he shall conduct the hearing in such manner as he considers most suitable to the clarification of the issues before him and generally to the just handling of the proceedings. The Certification Officer’s legal advisor may also question any party or witness at the hearing.
The applicant or his / her representative and any of the applicant’s witnesses will present his case first.
The representative of the trade union will have an opportunity to question the applicant, or any witness called by the applicant, on any oral evidence or documentary evidence.
The representative of the trade union and any of the trade union’s witnesses will present their case after the applicant.
The applicant or his / her representative will have an opportunity to question the representative, or any witness called by the trade union, on any oral evidence or evidence or documentary evidence.
The applicant or his / her representative will make a closing submission in the case followed by the closing submission of the representative of the trade union.
In order to assist the Certification Officer in making his decision the proceedings will be taped by his staff.
Findings
The Certification Officer will issue his decisions in writing, with reasons, as soon as practicable after the hearing. If he considers that a breach of the statutory provisions or a union’s rules has taken place, he may make a declaration to that effect as well as any appropriate observations.
Where the Certification Officer makes a declaration he will also, unless he considers that to do so would be inappropriate, make an enforcement order. The parties will have the opportunity to make representations on the matters to be recorded in any such order.
At the end of the hearing the Certification Officer will advise the parties of when he expects to issue his decision.
Right of Appeal
There is a right of appeal to the Court of Appeal on a point of law arising from a decision of the Certification Officer.
Cost
The Certification Officer has no power to award costs against any party.
Witnesses
The Certification Officer has no power to order the attendance of witnesses.
Expenses
The Certification Officer may reimburse travel, necessary accommodation and other legitimate expenses incurred by the applicant and his / her witnesses in attending a hearing.