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

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

The Committee takes note of the information contained in the Government's report.

Article 1 of the Convention. The Committee had noted that the recent amendments to the Employment Act did not address the concerns previously raised by the Committee regarding the need to provide adequate protection against anti-union discrimination, including dismissal and other prejudicial acts, in the course of employment and, in particular, the need to provide sufficiently effective and dissuasive sanctions for such discrimination. 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 the Government's statement that pursuant to the recommendations of the Committee on Freedom of Association in respect of Case No. 1912, the Department of Trade and Industry has agreed to review the legislation which protects persons from taking industrial action. The Committee hopes that this review will take into consideration the matters raised by the Committee in the paragraph above in order to extend the legal protection presently afforded through the provision of dissuasive sanctions. The Committee requests the Government to keep it informed in this regard.