S.I. No. 463/2015 - Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2015.

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 the Workplace Relations Commission.

GIVEN under my hand

28 October 2015.

GERALD NASH,

Minister of State at the Department of Jobs, Enterprise and Innovation.

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 (including any adverse effect arising from the employee refusing an inducement (financial or otherwise) designed specifically to have the employee forego collective representation by a trade union); 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. DEFINITIONS

4. AVOIDANCE

5. PROCEDURE FOR ADDRESSING COMPLAINTS OF VICIMISATION

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th October

, 2015.

WHEREAS the Workplace 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 employees membership or activity on behalf of a trade union or a manager discharging his or her managerial functions, or other employees;

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

NOW THEREFORE, I, Gerald Nash, Minister of State at the Department of Jobs, Enterprise and Innovation, 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

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

S.I. No. 305 of 1997

) and the Jobs, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2015 (

S.I. No. 426 of 2015

), hereby order as follows