Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guernsey

The Committee takes note of the Government’s report.

In its previous direct requests, the Committee had commented on the following issues: (1) protection against anti-union discrimination limited to unfair dismissal, and only if the person has been in the employers’ service for at least two years; and (2) insufficiently dissuasive sanctions for unfair dismissals.

In its report the Government indicates that it intends to amend the Employment Protection Law to remove the two-year qualifying period for trade union related dismissals and is also reviewing compensation and remedies. The Committee hopes that these amendments will be adopted in the near future and requests the Government to provide it with a copy of the amended Act once it is adopted.

The Government also indicates that at the present time, discrimination against an employee on the grounds of trade union membership or activities that results in a transfer or demotion could be challenged under the provisions of the Industrial Disputes and Conditions of Employment Law of 1993. The Committee requests the Government to provide further information on the remedies available for such prejudicial acts other than dismissal, including the text of relevant provisions.