Inland Fisheries Act 2010

38.

Prohibition on penalisation.

38.— (1) IFI 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 IFI 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 or her under this Act has been or is being contravened,

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

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

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

F5[(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) Schedule 4 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 Schedule 4 of this Act and under the Unfair Dismissals Acts 1977 to 2007.

(4) In this section—

“employee” means a member of staff of IFI;

“penalisation” means any act or omission by IFI or a person acting on behalf of IFI 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 administration of any discipline, reprimand or other penalty (including a financial penalty), and

(e) coercion or intimidation.

Annotations

Amendments:

F5

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24 and sch. 4 part 1 item 12, S.I. No. 327 of 2014.

Editorial Notes:

E4

Redress and appeals procedures for purposes of subs. (1) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 22, sch. 6 part 1 item 28, sch. 6 part 2 item 28, S.I. No. 410 of 2015.

E5

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 13, 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.