Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s report.

With respect to its previous comments on protection against anti-union dismissals, which could be sought only if the person has been in the employers’ service for a least two years (section 15(2) of the Employment Protection (Guernsey) Law, 1998), the Committee notes with interest that the Employment Protection Law was amended by the Employment Protection (Sunday Shop Working) (Guernsey) Law, 2001 to remove such a qualifying period (section 2(5) on "Consequential amendments of 1998 Law").

With respect to the other measures taken against an employee on the grounds of his or her trade union membership (demotions, transfers, etc.) the Committee notes the Government’s indication that any grievance in this respect could be referred to an Industrial Disputes Tribunal which would investigate and make an award under the provisions of section 5(1)(a) of the Law on Industrial Disputes and Conditions of Employment (Guernsey) Law, 1993.

With respect to its previous comments on insufficiently dissuasive sanctions for unfair dismissals (section 20 of the Employment Protection Law), the Committee notes that the Government has provided no response. The Committee therefore once again requests the Government to amend its legislation so as to ensure that the Law provides for sufficiently dissuasive sanctions for unfair dismissals.