Industrial Relations (Miscellaneous Provisions) Act 2004

Prohibition on victimisation.

8

8.—(1) This section applies where it is not the practice of the employer to engage in collective bargaining F2 [ ] and the internal dispute resolution procedures (if any) normally used by the parties concerned have failed to resolve the dispute and—

( a) a trade union F2 [ ] takes steps to invoke the procedures under the Code of Practice on Voluntary Dispute Resolution under section 42 of the Industrial Relations Act 1990 (or any code of practice amending or replacing that code) in relation to a trade dispute, or

( b) such procedures have been invoked by a trade union F2 [ ] in relation to a trade dispute, or

( c) an employee intends to request the trade union F2 [ ] of which the employee is a member to make a request under section 2 of the Act of 2001 in relation to a trade dispute, or a trade union F2 [ ] intends to make such a request, or

( d) such a request by a trade union F2 [ ] has been made but the Court determines that the requirements specified in that section for the carrying out of an investigation of the trade dispute have not been met, or

( e) the Court determines that those requirements have been met and either—

(i) that investigation is being or has been carried out, or

(ii) any other procedure under the Act of 2001 consequent on or subsequent to that investigation is being or has been carried out.

(2) Where this section applies, none of the following—

( a) the employer,

( b) an employee, or

( c) a trade union F2 [ ] of which an employee is a member,

shall victimise an employee or (as the case may be) another employee in the employment concerned on account of—

(i) the employee’s being or not being a member of a trade union F2 [ ], or

(ii) the employee’s engaging or not engaging in any activities on behalf of a trade union F2 [ ].

(3) In this section “victimise”, in relation to an employee, means to do any act (whether of commission or omission) that, on objective grounds, adversely affects the interests of the employee or his or her well being and includes any act specified in a code of practice, prepared under section 42 of the Industrial Relations Act 1990 in relation to conduct prohibited by this section, to be an act falling within the foregoing expression but does not include any act constituting a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2001.

(4) For the avoidance of doubt, “employee” in this section includes any person in the employment concerned the duties of whom consist of or include managing the business or activity to which the employment relates.

F3 [ (5) In this section, collective bargaining has the meaning assigned to it by section 1A of the Act of 2001 and that section shall apply to this section in the same manner as it applies to that Act. ]

Annotations:

Amendments:

F2

Deleted (1.8.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 36(a)-(h), S.I. No. 329 of 2015.

F3

Inserted (1.8.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 36(i), S.I. No. 329 of 2015.

Editorial Notes:

E1

Redress and appeal procedures for purpose of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 13, sch. 6 part 1 item 19, sch. 6 part 2 item 19, S.I. No. 410 of 2015.

E2

Section included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 6, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.