Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s first report.

1. Article 1 of the Convention. The Committee notes that article 27(1) and (2) of the Constitution guarantees the right to equal protection of the law. The Committee notes that the Employment Act, 1995, regulates terms and conditions of employment, but that it does not prohibit discrimination nor does it require equality in employment and occupation. The Committee therefore invites the Government to consider amending its legislation to prohibit explicitly discrimination in employment and occupation. It also requests the Government to provide information with its next report on any other measure adopted or envisaged to prohibit discrimination in employment and occupation on the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

2. Article 2. The Committee notes from the Government’s statement that it has not adopted a non-discrimination or equality policy, but notes that it refers to an employment policy, of which it omitted to provide a copy to the Office. The Committee therefore requests the Government to provide a copy of the employment policy with its next report. The Committee also requests the Government to indicate in its next report any further measures, including programmes and projects, that it has taken to declare and pursue a policy with a view to eliminating discrimination in employment and occupation, and particularly in terms and conditions of employment, for all workers on the basis of the grounds set out in the Convention. It also requests the Government to provide information on activities carried out by different institutions to promote and pursue the policy of equality in employment and occupation.

3. With respect to access to vocational training, the Committee notes the Government’s statement that it promotes integration of educational and vocational training programmes without any form of discrimination and that employers are obliged under the employment policy to train employees. The Committee requests the Government to provide detailed information on these training programmes, and particularly on how the principle of equality is being implemented in respect of access to vocational training. The Committee also notes that under section 28(1) and (2) of the Employment Act, 1995, the National Vocational Training Board, in collaboration with public or private organizations, shall promote, develop and organize training and apprenticeship schemes section. The Committee requests the Government to provide information with its next report respecting the role played by the National Vocational Training Board in promoting the principle of equality in training and apprenticeship schemes.

4. The Committee requests the Government to provide information with its next report on how the principle of equality in employment and occupation is implemented in the public sector with regard to recruitment, promotion, terms and conditions of employment and termination of employment.

5. The Committee asks the Government to provide information on the measures taken to obtain the cooperation of the social partners or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

6. The Committee notes the Government’s statement that under section 64 of the Employment Act, 1995, workers may have recourse to a grievance procedure. The Committee requests the Government to clarify whether this procedure is applicable to disputes concerning allegations of discrimination in employment and occupation and, if not, to indicate the procedure that exists in the event of such disputes. The Committee also requests the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, 1995, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way. The Committee also requests information on the procedures available for bringing discrimination claims in the public sector, together with information on any claims that have been made and on their outcome.

7. Article 4. The Committee notes the Government’s statement that any person who is suspected of or engaged in activities prejudicial to the security of the State will have their employment terminated on grounds of gross misconduct. It also notes the statement that such a person has the right to appeal to either the Ombudsman or the Public Service Appeals Board. The Committee requests the Government to provide information in future reports of cases in which a person has been considered to be engaged in activities prejudicial to the security of the State.

8. The Committee requests the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibility.