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Employment Claims

8 Claims for Penalisation in Irish Employment Law

workplace penalisation

The Workplace Relations Commission (WRC) can hear claims for penalisation in the workplace under 8 heads:

  1. You were penalised for refusing to cooperate with a breach of the Protection of Young Persons (Employment) Act, 1996. Section 17 of the act states

An employer shall not penalise an employee for having in good faith opposed by lawful means an act which is unlawful under this Act.

  1. You were penalised for exercising your right to parental or force majeure leave.

The relevant act is the Parental Leave Act, 1998.

  1. You were penalised for refusing to cooperate with a breach of the Organisation of Working Time act, 1997.

Section 26 of the Organisation of Working Time Act, 1997 is the relevant section.

  1. You were penalised for invoking entitlements under the National Minimum Wage Act, 2000.

Section 36 of the National Minimum Wage Act, 2000 prohibits vicitimisation of an employee.

  1. You were penalised for exercising your right to carer’s leave.

Section 16 Carer’s leave act, 2001 prohibits penalisation.

  1. You were penalised for acting as an employee representative.

Section 13 of the Employees (Provision of Information and Consultation) Act 2006 prevents penalisation for carrying out these functions and protects employee representatives.

  1. You were penalised for making a complaint under the Employment Permits Act 2003 or 2006.

Section 26 of the Employment Permits Act, 2006 provides protection here.

  1. You were penalised for looking for your entitlements under the Protection of Employees (Fixed Term Work) Act, 2003 or you were dismissed to avoid giving you a contract of indefinite duration.

Section 13 of the Protection of Employees (Fixed Term Work) Act, 2003 provides protection in this area.