Gerald Nash (Louth, Labour) | Oireachtas source

Amendment No. 15 proposes to introduce a new section 7 of the Bill on anti-victimisation provisions for workers who make a statement to the Low Pay Commission or give evidence to the commission via their representative organisation. I recognise the Deputy’s intent with the amendment, however, there are already a significant number of protections in place for workers who consider they have been the subject of victimisation in the workplace. However, as it stands, any worker who might find himself or herself the subject of victimisation measures for making a statement to the Low Pay Commission or giving evidence via his or her trade union already has the possibility of taking a case under the Industrial Relations Acts.

In addition, the 2004 code of practice on victimisation provides that where there is a dispute in an employment where collective bargaining fails to take place, and where negotiating arrangements are not in place, no person should be victimised or suffer disadvantage as a consequence of his or her legitimate actions or affiliations arising from the dispute.

The procedure for addressing complaints of victimisation is set out in the Industrial Relations (Miscellaneous Provisions) Act 2004 and those protections will be further enhanced in the context of provisions in the Industrial Relations (Amendment) Bill 2015, the collective bargaining legislation dealing with the Government’s commitment on collective bargaining which this House has recently passed, and which we hope will be enacted very shortly. Accordingly, I cannot accept the amendment.