Protection of Employees (Temporary Agency Work) Act 2012

23.

Prohibition on penalisation by employer.

23.— (1) An employer shall not penalise or threaten penalisation of an employee for—

( a) invoking any right conferred on him or her by this Act,

( b) having in good faith opposed by lawful means an act that is unlawful under this Act,

( c) making a complaint to a member of the Garda Síochána or the Minister that a provision of this Act has been contravened,

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

( e) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.

F4 [ (1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

(2) If a penalisation of an employee, in contravention of subsection (1) , constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2007, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts.

(3) In this section “penalisation” means 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, without prejudice to the generality of the foregoing, includes—

( a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2007), 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) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and

( e) coercion or intimidation.

Annotations:

Amendments:

F4

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 15, S.I. No. 327 of 2014.

Editorial Notes:

E7

Redress and appeal procedures in respect of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 25, sch. 6 part 1 item 31, sch. 6 part 2 item 31, S.I. No. 410 of 2015.