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Investigation of dispute by Court.
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26.—(1) The Court shall not investigate a trade dispute unless—
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(a) subject to subsection (3), it receives a report from the Commission stating that the Commission is satisfied that no further efforts on its part will advance the resolution of the dispute, and
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(b) the parties to the dispute have requested the Court to investigate the dispute.
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(2) The report referred to in subsection (1) (a) shall include information on the issues in dispute, the attempts made to resolve the dispute and any other information which the Commission considers of assistance to the Court.
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(3) Notwithstanding subsection (1) (a), the Court may investigate a dispute if—
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(a) the Chairman of the Commission (or any member or officer of the Commission authorised by him) notifies the Court that in the circumstances specified in the notice the Commission waives its function of conciliation in the dispute, and
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(b) the parties to the dispute have requested the Court to investigate the dispute.
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(4) The foregoing provisions of this section shall not apply in relation to an investigation of a trade dispute by the Court instituted by it before the establishment of the Commission or an appeal to the Court in relation to a recommendation of a rights commissioner or of an equality officer.
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(5) Where the Court, following consultation with the Commission, is of opinion, in relation to a trade dispute which but for this subsection it would be precluded by virtue of subsection (1) from investigating, that there are exceptional circumstances which warrant it so doing, it may investigate the dispute.
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