The Government continues to fully support the right of any worker to join and be active in their trade union. Employees have the right under the Constitution to form associations and trade unions. Under Irish legislation an employee is protected should they be dismissed because they are a member of a trade union. The underpinning principle and policy are that the legislative provision acts as a deterrent to employers against any such dismissals and illustrates the support the legislature holds for trade union membership more generally.
Deputy, you are correct that trade union membership is not a specific ground under the Employment Equality Acts and the Equal Status Acts (the Equality Acts).
But, while discrimination on the ground of trade union membership is not a protected ground under the Equality Acts, the Unfair Dismissal Acts provide for a number of grounds under which a dismissal may be considered unfair, including membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. Where an employee has been unfairly dismissed, an adjudication officer and, on appeal, the Labour Court may make an order for the reinstatement, re-engagement or awarding of compensation to the employee.
Additionally, the Workplace Relations Commission’s Code of Practice on Victimisation refers specifically to victimisation arising from an employee’s membership or non-membership, activity or non-activity on behalf of a trade union, in specific circumstances, including situations where there are no negotiating arrangements and where collective bargaining has not taken place. A complaint under the Code may be made to the Workplace Relations Commission under the Industrial Relations (Miscellaneous Provisions) Act 2004, providing for up to 2 years remuneration in compensation.
