Written answers

Thursday, 1 May 2025

Department of Enterprise, Trade and Employment

Trade Unions

Photo of Sinéad GibneySinéad Gibney (Dublin Rathdown, Social Democrats)
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40. To ask the Minister for Enterprise, Trade and Employment the steps his Department is taking to strengthen protections for employees from victimisation due to trade union activity; and if he will make a statement on the matter. [21701/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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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 cannot be discriminated against or dismissed because they are a member of a trade union.

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.

Any further changes to the law in this area will be considered in the context of the development of Ireland’s Action Plan on collective bargaining, as required by Article 4 of the EU Directive on Adequate Minimum Wages. The Programme for Government commits to publishing the Action Plan by the end of 2025. My Department has launched a public consultation on the Action Plan which includes a question on protections against victimisation on the grounds of trade union membership, and is available to the public here: .

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