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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7 of the Convention. Negotiation of terms and conditions of employment. The Committee appreciates that the Government indicates its intention to establish a public services commission to assist with streamlining and modernizing collective bargaining arrangements for civil servants and other categories of employees, including manual and craft workers, employed by departments and boards. The Committee requests the Government to provide information on developments in this regard and, in particular, any legislative measures to promote the development and utilization of machinery for negotiation of terms and conditions of employment between public authorities and public employees’ organizations.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report indicates that the Employment Act 2006 has been adopted into law. In addition, referring to its previous observation, the Committee notes with satisfaction that the Act provides for: enhanced protection against discrimination on trade union grounds at recruitment, during employment and at termination of employment; the right of workers to make use of trade union services; a prohibition on employer offers to workers designed to induce them to alter their union membership, activities, or bargained-for terms and conditions of employment; empowering the Employment Tribunal to order reinstatement of unfairly dismissed employees; and greater protections for workers taking industrial action, including the ability of the employee to file a complaint with the Employment Tribunal if they are subject to dismissal or other adverse action for taking lawfully organized, official industrial action.

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

The Committee takes note of the information provided by the Government.

Article 4 of the Convention. With regard to its previous request for information on measures taken to ensure adequate protection of public employees against acts of anti-union discrimination, the Committee notes from the Government’s report that it has worked out proposals for a new Employment Bill consolidating existing legislation in this field. The Bill is presently at the drafting stage and is expected to enter the legislative branches later in 2004. Proposals included in the Bill comprise: (a) strengthening the existing protection against action short of dismissal for trade union related reasons; (b) giving employees a new right to complain to the Employment Tribunal if they are subjected to dismissal or discriminatory treatment short of dismissal for taking lawfully organized, official industrial action lasting up to four weeks; (c) giving the Employment Tribunal powers to order re-employment; (d) providing workers with a right to be accompanied at a disciplinary or grievance hearing by a trade union representative; (e) providing members of independent unions with a clear right to use their union’s services; and (f) prohibiting employers from offering individualized contracts containing preconditions or inducements to relinquish union representation. The Committee requests the Government to keep it informed of steps taken for the adoption of the Bill.

Article 7. With regard to its previous request for information concerning collective bargaining in respect of certain categories of manual and non-manual workers, the Committee takes note of the information provided by the Government on the various collective agreements and negotiating structures which apply to different categories of manual and non-manual workers.

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

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its first report.

Article 4 of the Convention. The Committee refers the Government to the previous direct request sent on the application of Convention No. 98 concerning the following issues: (a) the extension of the legal protection against anti-union discrimination in the course of employment, to dismissal and other prejudicial acts, in particular the need to provide sufficiently effective and dissuasive sanctions for such discrimination; and (b) the request by the Committee to be kept informed of any progress regarding the review of the industrial relations legislation.

Article 5. The Committee notes the Government’s comment regarding the ability of any union alleging an act of interference by a public authority to seek redress in the High Court. The Committee requests more information on the legal provisions for seeking such redress and on the sanctions available.

Article 7. The Committee requests more information concerning the collective agreements concluded in the public service.

Article 9. The Committee takes note of the Government’s statement that public employees have the same civil and political rights as other workers in respect of the normal exercise of freedom of association. The Committee also notes that the Government refers in its report to the Isle of Man Civil Service Regulations and to the civil servants’ Code of Conduct. The Committee asks the Government to forward a copy of these regulations as well as a copy of the Code of Conduct.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee observes that the following laws have not been received by the Office with the first report: the Trade Disputes Act, 1985, the Employment Act, 1991, the Trade Union Act, 1991, and the Trade Unions (Amendment) Act, 1995 and the Employment (Amendment) Act, 1996. The Committee requests the Government to forward these laws. As soon as it receives the abovementioned legislation, the Committee will examine its conformity with the provisions of the Convention.