National Asset Management Agency Act 2009

Prohibition on penalisation.

223.— (1) In this section and in Schedule 2 :

“employee” means—

(a) an employee of a participating institution,

(b) an officer of NAMA, or

(c) an employee of a NAMA group entity;

“ employer ” means—

(a) a participating institution,

(b) in relation to an officer of NAMA, both NAMA and the NTMA, or

(c) a NAMA group entity;

“ penalisation ” includes any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and in particular includes—

(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2005), or the threat of suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

(d) the imposition or administering of any discipline, reprimand or other penalty (including a financial penalty), and

(e) coercion or intimidation.

(2) To avoid doubt, this section and Schedule 2 have effect in relation to a person who is an officer of NAMA as if both NAMA and the NTMA were employers of the person.

(3) An employer shall not penalise or threaten penalisation against an employee for—

(a) making a complaint to a member of the Garda Síochána or the Minister that a provision of this Act is not being complied with,

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

(c) giving notice of his or her intention to do any of the things referred to in paragraph (a) or (b).

(4) Schedule 2 has effect in relation to an alleged contravention of subsection (3) and matters consequential on such a contravention.

(5) If a penalisation of an employee, in contravention of subsection (3), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts.