C1

Functions under collectively cited Unfair Dismissals Acts transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3 and sch. part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection-

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and ...

are transferred to the Minister for Business, Enterprise and Innovation.

(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

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SCHEDULE

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PART 2

PROVISIONS OF ACTS OF THE OIREACHTAS

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Unfair Dismissals Acts 1977 to 2015

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C2

Application of collectively cited Industrial Relations Acts extended by Industrial Relations Act 1990 (19/1990), s. 23(1)-(1D) and sch. 6, as inserted (1.02.2020) by Industrial Relations (Amendment) Act 2019 (21/2019), ss. 3, 4, S.I. No. 24 of 2020.

“worker”.

23.—(1) In the Industrial Relations Acts, 1946 to 1976, and this Part, “worker” means [a member of the Garda Síochána referred to in subsection (1A) and] any person aged 15 years or more who has entered into or works under [(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—

[(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 Síochána.

(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 Síochána, 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 Síochána 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 Síochána 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 Síochána 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 Síochána to the extent specified in column (4) of that Schedule.]

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SIXTH SCHEDULE

Section 23(1D)

Enactments to which sections 23(1A) and 23(1B) shall not apply to members of the Garda Síochána