Employment Permits Act 2024
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Prohibition on penalisation | ||
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60. (1) In this section, “penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment. | ||
(2) Without prejudice to the generality of subsection (1), “penalisation” in this section includes— | ||
(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal, | ||
(b) demotion or loss of opportunity for promotion, | ||
(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours, | ||
(d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and | ||
(e) coercion or intimidation. | ||
(3) An employer shall not penalise or threaten penalisation against an employee for— | ||
(a) making a complaint to a member of the Garda Síochána or the Minister that a provision of this Act is not being complied with, | ||
(b) giving evidence in any proceedings under this Act, or | ||
(c) giving notice of his or her intention to do any of the things referred to in paragraphs (a) or (b). | ||
(4) Subsection (3) shall not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014 . | ||
(5) Schedule 2 has effect in relation to an alleged contravention of subsection (3) and matters consequential thereon and includes amendments of other enactments. | ||
(6) If a penalisation of an employee, in contravention of subsection (3), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts. |