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

Labour Relations (Public Service) Convention, 1978 (No. 151) - Isle of Man

The Committee takes note of the information provided by the Government in its report.

Article 4 of the Convention. The Committee notes the measures taken by the Government to ensure the adequate protection of public employees against acts of anti-union discrimination accompanied by sufficiently dissuasive sanctions and, in particular, notes that the Government is planning additional measures, like giving the Employment Tribunal powers of reinstatement. The Committee requests the Government to keep it informed in this regard.

Article 5. In its previous request, the Committee had asked the Government to provide more information on the legal provisions that allow unions alleging an act of interference by a public authority to seek redress in the High Court. The Committee notes the Government’s indication that this form of redress (which can provide for monetary compensation and restraining order) arises under the common law of the Isle of Man, and not under any particular statutory provisions. The Committee also notes the Government’s indication that the power of the High Court to grant additional remedies on a petition of doleance is stipulated under section 44 of the High Court Act of 1991.

Article 7. In its previous request, the Committee had asked the Government to provide more information on collective agreements concluded in the public service. The Committee takes note of the Whitley Council Constitution (WCC), a tripartite council which sets forth the collective bargaining procedure for manual workers in the public service. The Committee also notes that section 2 of the WCC excludes from the scope of the Act the Manx Electricity Authority, the Isle of Man Post Office Authority, the Health Service Division of the Department of Health and Social Security and the Omnibus Section of the Transport Division of the Department of Tourism and Transport. The Committee requests the Government to indicate collective bargaining procedures that apply to these categories of manual workers, and to provide copies of the relevant Acts along with its next report. It also requests the Government to provide information on the agreements concluded with organizations of non-manual public employees.

Article 9. In its previous direct request, the Committee had requested the Government to provide copies of the Isle of Man Civil Service Regulations and the Civil Servants’ Code of Conduct. The Committee notes that these documents have been sent according to the Government but have not been received and requests the Government to provide, along with its next report, a copy of the Isle of Man Civil Service Regulations and the Civil Servants’ Code of Conduct.