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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 15 July 2014 - onwards
Version 2 of 2

23. Prohibition on penalisation by employer.

(1) An employer shall not penalise or threaten penalisation of an employee for -

(a) invoking any right conferred on him or her by this Act,

(b) having in good faith opposed by lawful means an act that is unlawful under this Act,

(c) making a complaint to a member of the Garda Síochána or the Minister that a provision of this Act has been contravened,

(d) giving evidence in any proceedings under this Act, or

(e) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.

(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(2) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2007, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts.