Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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

1. The Committee notes the Government's report, and the draft legislation attached thereto.

2. In its previous direct request the Committee had asked the Government to indicate whether it had any plans to implement the recommendation contained in a recent Consultants' Report to the effect that employees should have the right not to be subjected to discriminatory action short of dismissal on grounds of trade union membership or activities.

The Committee notes with interest that clauses 21 to 25 of the Employment Bill 1990 propose to give effect to this recommendation. It also notes, however, that the Bill does not appear to provide any protection against denial of access to employment on grounds of trade union membership or activity. As it pointed out in its 1989 direct request, the Committee considers that full conformity with Article 1 requires that there be adequate legislative protection against anti-union discrimination at the time of recruitment as well as in the course of the employment relationship. Accordingly, it asks the Government to amend the Employment Bill so as to give effect to this principle.

3. The Committee notes that clause 45 of the Employment Bill provides a measure of protection against dismissal on grounds of trade union membership or activities. However, clause 58 of the Bill seems to have the effect that the only remedy available to an employee who has been dismissed on such grounds would be an order of compensation. The Committee would ask, therefore, that the proposed legislation be reinforced by the adoption of sufficiently effective and dissuasive sanctions.