S.I. No. 139/2004 - Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004

1. A procedure for addressing complaints of victimisation is set out in the

Industrial Relations (Miscellaneous Provisions) Act 2004

. Section 9 of the Act provides that a complaint may be presented to a Rights Commissioner.

GIVEN under my hand,

6

th

April 2004.

Frank Fahey

Minister of State at the Department of Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to declare that the draft Code of Practice set out in the Schedule to this Order is a Code of Practice for the purposes of the

Industrial Relations Act 1990

.

2. Examples of unfair or adverse treatment (whether acts of commission or omission) that cannot be justified on objective grounds may in the above contexts include an employee suffering any unfavourable change in his/her conditions of employment or acts that adversely affect the interest of the employee; action detrimental to the interest of an employee not wishing to engage in trade union activity or the impeding of a manager in the discharge of his/her managerial functions.

3. The legal definitions of employer, employee, contract of employment and trade unions shall be as set out in Part III of the

Industrial Relations Act 1990

. A trade union shall be taken to mean any authorised trade union as defined in the

Trade Union Act 1941

.

4. AVOIDANCE

5. PROCEDURE FOR ADDRESSING COMPLAINTS OF VICIMISATION

6. When preparing and agreeing this Code of Practice, the Commission consulted with relevant organisations and took account of the views expressed to the maximum extent possible.

7. The major objective of the Code is the setting out of the different types of practice which would constitute victimisation arising from an employee's membership or activity on behalf of a trade union or a manager discharging his or her managerial functions, or other employees.

WHEREAS the Labour Relations Commission has prepared under subsection (1) of

section 42

of the

Industrial Relations Act 1990

(No. 19 of 1990), a draft code of practice on victimisation arising from an employee's membership or activity on behalf of a trade union or a manager discharging his or her managerial functions, or other employees

AND WHEREAS the Labour Relations Commission has complied with subsection (2) of that section and has submitted the draft code of practice to the Minister for Enterprise, Trade and Employment;

NOW THEREFORE, I, Frank Fahey, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by subsection (3) of that section, the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (

S.I. No. 18 of 1993

), (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (

S.I. No. 305 of 1997

)), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2003 (

S.I. No. 156 of 2003

), hereby order as follows