The Industrial Relations (Amendment) Act 2019

 

The Industrial Relations (Amendment) Act 2019

Definition of Industrial Relations Act 1990 –

 

“Employer” means a person for whom one or more workers work or have worked or normally work or seek to work having previously worked for that person;

“Trade dispute” means any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person;

“Trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941;

“Worker” means any person who is or was employed whether or not in the employment of the employer with whom a trade dispute arises, but does not include a member of the Defence Forces or of the Garda Síochána;

“industrial action” means any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract and which is taken by any number or body of workers acting in combination or under a common understanding as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment;

“strike” means a cessation of work by any number or body of workers acting in combination or a concerted refusal or a refusal under a common understanding of any number of workers to continue to work for their employer done as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment.

 

Definition of The Industrial Relations (Amendment) Act 2019 – 

An Act to amend the Industrial Relations Act 1990 in order to provide for the application of certain provisions of the Industrial Relations Acts 1946 to 2015 to certain members of the Garda Síochána; and to provide for related matters.

This effectively means that Garda members will now have access through their representative associations to the services of the Workplace Relations Commission (WRC) and the Labour Court to resolve industrial relations disputes where they were previously precluded.

The Department of Justice said that new internal dispute resolution mechanisms had been introduced in An Garda Síochána and specialist staff had been appointed.

“Management of industrial relations in An Garda Síochána now comes under the direct remit of the Garda Commissioner,” Minister for Justice Charlie Flanagan said. “This is in keeping with the vision of the Commissioner as the ‘true CEO’ of An Garda Síochána, as set out in the report of the Commission on the Future of Policing in Ireland and contained within its implementation plan, ‘A Policing Service for the Future’.”

 

Report of the Commission on the Future of Policing:

The Commission on the Future of Policing was established by Government and commenced work in May 2017. It was tasked with undertaking a comprehensive examination of all aspects of policing including all functions carried out by An Garda Síochána.

The Commission published its report on 18 September 2018..  The report makes many innovative proposals. It places an emphasis on understanding policing as including not only the prevention or detection of crime, but also the prevention of harm and protection of vulnerable people, and the implications of this for the whole of Government.

For any further advice or information in relation to any employment related matter please do not hesitate to contact Niall MacCarthy or Brendan Dillon on 01 2960666