Unfair Dismissals (Amendment) Act, 1993
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Amendment of section 1 of Principal Act. |
2.—Section 1 of the Principal Act is hereby amended by— | |
(a) the substitution of the following definitions for the definitions of “trade union” and “the Tribunal”: | ||
“‘trade union’ means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941 ; | ||
‘the Tribunal’ means the Tribunal established by section 39 of the Redundancy Payments Act, 1967 , and known, by virtue of section 18 of this Act, as the Employment Appeals Tribunal.”, | ||
and | ||
(b) the addition of the following subsections: | ||
“(2) Where on the date of an award to an employee of re-instatement under this Act— | ||
(a) the terms or conditions on which are employed other employees of the same employer who occupy positions similar to that from which the employee was dismissed, or | ||
(b) if there are no such employees, the terms or conditions on which are employed employees generally of the same employer, | ||
are more favourable to the employees concerned than they were at the date of the dismissal, then, the references in sections 5 (4) and 7 (1) (a) of this Act to the terms and conditions on which an employee was employed immediately before his dismissal shall, in the case of the first-mentioned employee, be construed as references to terms and conditions corresponding to those on which the other employees concerned are employed on the date of the award. | ||
(3) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.”. |