Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Isle of Man

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Pursuant to the recommendations of the Committee on Freedom of Association in respect of Case No. 1912, the Committee had, in its previous request, asked the Government to ensure that in reviewing legislation it would take into consideration the need to provide adequate protection against anti-union discrimination in the course of employment, including dismissal and other prejudicial acts, and, in particular, the need to provide sufficiently effective and dissuasive sanctions for such discrimination. The Committee had also noted that at present, pursuant to the Employment Act, 1991, a remedy is available only where anti-union discrimination results in dismissal and the remedy is limited to financial compensation awarded by the Employment Tribunal. The Committee notes with interest that the Government indicates in its report that the following measures will be included in the Employment (Amendment) Bill in the Government’s 2001/2002 Legislative Programme:

-  allowing the Employment Tribunal to reinstate workers that have been dismissed on grounds of their membership in a trade union or participation in its activities;

-  allowing the Employment Tribunal to reinstate workers that have been dismissed in the first four weeks of a lawfully organized, official "protected industrial action" in which they participated; or at the end of that four-week period where the employee has ceased to take part in the action or where the employer has not taken procedural steps as would have been reasonable to resolve the dispute;

-  allowing workers to complain to the Employment Tribunal if they are subject to discriminatory treatment short of dismissal in the first four weeks of a lawfully organized, official "protected industrial action" in which they participated; or at the end of that four-week period where the employee has ceased to take part in the action or where the employer has not taken procedural steps as would have been reasonable to resolve the dispute.

The Committee requests the Government to provide a copy of the legislation once it has been adopted.