Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report.

The Committee notes that the Employment Bill 2005 has passed through the legislative branches.

Article 1 of the Convention. The Committee’s previous comments concerned the need to provide adequate protection against anti-union discrimination in the course of employment. The Committee notes with satisfaction that the new legislation provides adequate protection against anti-union discrimination in the course of employment, including dismissal and other prejudicial acts, and provides sufficiently effective and dissuasive sanctions for such discrimination, including compensation and reinstatement. The Committee notes in particular that in its report, the Government insists on: (1) the enhanced protection against discrimination on trade union grounds at recruitment, during employment and at termination of employment; (2) the enhanced powers of the Employment Tribunal, including new power to order re-employment of employees whom it finds to have been unfairly dismissed; and (3) the enhanced protection for employees who take industrial action including: extending the existing right of employees who have been selectively dismissed to claim unfair dismissal to cover employees with less than one year’s service, and giving employees a new right to complain to the Employment Tribunal if they are subjected to dismissal or detriment for taking lawfully organized, official industrial action lasting up to four weeks.