Gerald Nash (Louth, Labour) | Oireachtas source

The purpose of amendment No. 7 is to add trade union membership or activity to the activities in respect of which an employer may not penalise a worker to whom a sectoral employment order applies. A number of protections are in place for workers who consider that they have been subjected to victimisation in the workplace. Any worker who finds himself or herself the subject of victimisation measures already has the option 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 affiliation arising from that dispute. A procedure for addressing complaints of victimisation is set out in the Industrial Relations (Miscellaneous Provisions) Act 2004, and these protections will be further enhanced in the provisions in Part 3 of this Bill in regard to the Government's commitment on collective bargaining. Accordingly, I cannot accept the amendments.