We are at loggerheads with our recognised trade union. They are wholly unreasonable and endangering our business and the livelihoods of their members and other employees who are not in the union. Can we do anything to encourage members to leave the union and accept individual contracts? Alternatively, can we de-recognise the union for collective bargaining purposes and just enrol employees in a staff association?Posted in : First Tuesday Q&A ROI on 7 October 2014
An employer cannot stop its employees from joining a trade union. Article 40.6.1(iii) of the Irish Constitution recognises the right of citizens to join trade unions. There is also a recognised freedom not to associate if an employee does not wish to join a union.
It is noted that you already have recognised this union for collective bargaining purposes and presumably have worked with them in the past. There is no statutory mechanism for de-recognition of trade unions – it something which does not happen in practice and any attempt to cease engaging with the Union is likely to be negatively
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.