Unfair Dismissals (Amendment) Act, 1993

Amendment of section 1 of Principal Act.

2.—Section 1 of the Principal Act is hereby amended by—

(a) the substitution of the following definitions for the definitions of “trade union” and “the Tribunal”:

“‘trade union’ means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941 ;

‘the Tribunal’ means the Tribunal established by section 39 of the Redundancy Payments Act, 1967 , and known, by virtue of section 18 of this Act, as the Employment Appeals Tribunal.”,


(b) the addition of the following subsections:

“(2) Where on the date of an award to an employee of re-instatement under this Act—

(a) the terms or conditions on which are employed other employees of the same employer who occupy positions similar to that from which the employee was dismissed, or

(b) if there are no such employees, the terms or conditions on which are employed employees generally of the same employer,

are more favourable to the employees concerned than they were at the date of the dismissal, then, the references in sections 5 (4) and 7 (1) (a) of this Act to the terms and conditions on which an employee was employed immediately before his dismissal shall, in the case of the first-mentioned employee, be construed as references to terms and conditions corresponding to those on which the other employees concerned are employed on the date of the award.

(3) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.”.