National Asset Management Agency Act 2009

223.

Prohibition on penalisation.

223.— (1) In this section and in Schedule 2 :

“employee” means—

( a) an employee of a participating institution,

( b) an officer of NAMA, or

( c) an employee of a NAMA group entity;

“employer” means—

( a) a participating institution,

( b) in relation to an officer of NAMA, both NAMA and the NTMA, or

( c) a NAMA group entity;

“penalisation” includes any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and in particular includes—

( a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2005), or the threat of suspension, lay-off or dismissal,

( b) demotion or loss of opportunity for promotion,

( c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

( d) the imposition or administering of any discipline, reprimand or other penalty (including a financial penalty), and

( e) coercion or intimidation.

(2) To avoid doubt, this section and Schedule 2 have effect in relation to a person who is an officer of NAMA as if both NAMA and the NTMA were employers of the person.

(3) An employer shall not penalise or threaten penalisation against an employee for—

( a) making a complaint to a member of the Garda Síochána or the Minister that a provision of this Act is not being complied with,

( b) giving evidence in any proceedings under this Act, or

( c) giving notice of his or her intention to do any of the things referred to in paragraph (a) or (b) .

F28 [ (3A) Subsection (3) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

(4) Schedule 2 has effect in relation to an alleged contravention of subsection (3) and matters consequential on such a contravention.

(5) If a penalisation of an employee, in contravention of subsection (3) , constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts.

Annotations:

Amendments:

F28

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 11, S.I. No. 327 of 2014.

Editorial Notes:

E18

Redress and appeal procedures in respect of requirements in subs. (3) provided (1.10.2015) by Workplace Relations Act 2015, ss. 41, 44 and sch. 5 part 1 item 21, sch. 6 part 1 item 27, sch. 6 part 2 item 27, S.I. No. 410 of 2015.

E19

Subs. (3) 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 12, 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.