Further Education and Training Act 2013

35.

Prohibition on penalisation.

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

( a) making a complaint to a member of the Garda Síochána or a member of An tSeirbhís that a provision of this Act, or any enactment or other rule of law, has been or is being contravened,

( b) making a complaint to the Minister that a direction given by him under this Act has been or is being contravened,

( c) making a complaint to a member of An tSeirbhís that there has been serious wrongdoing in relation to An tSeirbhís,

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

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

(2) The Schedule shall have effect for the purposes of subsection (1).

(3) If the 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 the Schedule and under those Acts.

(4) In this section—

“employee” means, in relation to An tSeirbhís, a member of the staff of An tSeirbhís;

“employer” means An tSeirbhís;

“penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his detriment with respect to any term or condition of his 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 administration of any discipline, reprimand or other penalty (including a financial penalty), and

( e) coercion or intimidation.

Annotations:

Editorial Notes:

E5

Redress and appeal procedures for purposes of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 26, sch. 6 part 1 item 32, sch. 6 part 2 item 32, S.I. No. 410 of 2015.

E6

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 16, 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.