Industrial Relations Act 1990

worker”.

23

23. (1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “ worker” means F3 [ a member of the Garda S í och á na referred to in subsection (1A) and ] any person aged 15 years or more who has entered into or works under F4 [ (or, where the employment has ceased, worked under) ] a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour including, in particular, a psychiatric nurse employed by a health board and any person designated for the time being under subsection (3) but does not include—

( a) a person who is employed by or under the State,

( b) a teacher in a secondary school,

( c) a teacher in a national school,

F4 [ ( ca ) a teacher employed by an education and training board, ]

( d) F5 [ ] F6 [ ]

F7 [ ( e ) F5 [ ] ]

( f) F5 [ ]

F3 [ (1A) For the purposes of subsection (1) and subject to subsections (1B) , (1C) and (1D) , the Industrial Relations Acts 1946 to 2019 and this Part shall apply to a member of the Garda S í och á na.

(1B) Subject to subsections (1C) and ( 1D) , for the purposes of subsections (1) and (1A) , references to all or any of the following, in relation to a member of the Garda S í och á na, shall be construed as follows:

( a ) a reference to an employer shall be read as a reference to the Garda Commissioner;

( b ) a reference to a

(i) contract of employment,

(ii) contract with an employer,

(iii) employment contract, or

(iv) any similar term,

shall be read as a reference to any enactment, Garda code, instrument, decision, circular, instruction, any other document or any combination thereof that provides for or specifies the terms and conditions on which that member of the Garda S í och á na serves;

( c ) a reference to a trade union shall be read as a reference to an association established under and in accordance with section 18 of the Act of 2005;

( d ) a reference to an employer organisation, a trade union of employers or an employer association shall be read as a reference to the Garda Commissioner;

( e ) without prejudice to section 3 of the Industrial Relations Act 1946 , a reference to a trade dispute shall be read as a reference to any dispute or difference between members of the Garda S í och á na and the Garda Commissioner that is connected with the appointment or non-appointment of any such member, or with the terms and conditions on which such members serve, and includes any such dispute or difference between retired members and the Garda Commissioner.

(1C) ( a ) Nothing in subsections (1) , (1A) or (1B) shall affect the operation of section 18(3) of the Act of 2005.

( b ) Nothing in subsections (1) , (1A) or (1B) shall operate to apply the Trade Union Acts 1871 to 1990 to the Garda S í och á na and those subsections shall not apply to the interpretation of any terms used in those Acts.

(1D) The enactments specified in column (3) of the Sixth Schedule shall not apply to a worker who is a member of the Garda S í och á na to the extent specified in column (4) of that Schedule. ]

(2) F8 [ ]

(3) The Minister for Finance may from time to time—

( a) designate for the purpose of subsection (1) any persons F9 [ ] employed by virtue of section 30 (1) ( g) of the Defence Act, 1954, or employed by or under the State, and

( b) cancel the designation of any persons under this subsection.

(4) Any person who stands designated by virtue of section 17 (2) ( a) of the Industrial Relations Act, 1969, at the passing of this Act shall remain designated for the purpose of subsection (1) unless the designation is cancelled under subsection (3) (b).

(5) F8 [ ]

(6) F8 [ ]

Annotations:

Amendments:

F3

Inserted (1.02.2020) by Industrial Relations (Amendment) Act 2019 (21/2019), s. 3(a), (b), S.I. No. 24 of 2020.

F4

Inserted (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 44, S.I. No. 329 of 2015.

F5

Repealed (1.08.2015) by Industrial Relations (Amendment Act 2015 (27/2015), s. 4(b), S.I. No. 329 of 2015.

F6

Deleted (1.08.1998) by Industrial Relations Act 1990 (Definition of "Worker") Order 1998 (S.I. No. 264 of 1998), art. 2.

F7

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s.72, sch. 6 item 8, S.I. No. 211 of 2013.

F8

Repealed (1.08.2015) by Industrial Relations (Amendment Act 2015 (27/2015), s. 4(c), S.I. No. 329 of 2015.

F9

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 86(2), S.I. No. 410 of 2015.

Modifications (not altering text):

C7

Term “sanitary authority” construed as “Irish Water” in so far as it relates to certain functions (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 7(3),(4), S.I. No. 575 of 2013.

Transfer of functions from water service authorities to Irish Water

7.— ...

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

C8

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Number and Year

Short Title

Provision

...

No. 19 of 1990

...

...

Industrial Relations Act 1990

...

...

s. 22(2), 23(3), 30(1) and 31

...

C9

Term “health board” construed as “Health Service Executive” (1.01.2005) by Health Act 2004 (42/2004), ss. 56 and 66, S.I. No. 887 of 2004.

Definitions (Part 10).

56.—In this Part “specified body” means—

(a) the health boards,

...

References to specified bodies.

66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.

C10

Application of subs. (3) not restricted (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 7(2)(h), commenced on enactment.

Excluded positions generally.

7.— ...

(2) Subject to subsection (4), unless an order is made under section 6, either generally or in respect of any position or class of position, this Act does not apply to a position where the appointment concerned— ...

(h) is to the position of a person designated by the Minister under section 23(3) of the Industrial Relations Act 1990 for the purposes of section 23(1) of that Act.

...

Editorial Notes:

E13

Power pursuant to subs. (5) exercised (1.08.1998) by Industrial Relations Act, 1990 (Definition of “Worker”) Order 1998 (S.I. No. 264 of 1998).