Labour Dispute Resolution
Disputes Procedures
Table of Contents
Action by Minister
(1) A trade dispute as defined by this Act, whether existing or apprehended, may be
reported to the Minister by or on behalf of either of the parties to the dispute, or by the Labour Commissioner in his or her own discretion and the Minister shall thereupon take the matter into his or her consideration and take such steps as seem to him or her expedient for promoting settlement of such dispute.
(2) Pursuant to subsection (1), a trade dispute shall be dealt with by the following manner—
(a) by referring the trade dispute to the Labour Commissioner at the con-
ciliation meeting, and, if this fails to resolve the dispute;
(b) by referring the trade dispute to the Minister at a mediation meeting;
(c) The Labour Commissioner and the Minister shall endeavour as far as is reasonably practicable to do so, to hold the conciliation and mediation meetings respectively within thirty (30) days of referrals.
(3) If there is a trade dispute in respect of an essential service and the parties fail to comply with subsection (2), or the steps undertaken under subsection (2) fail to resolve the dispute—
(a) the Minister shall first seek the consent of the parties to the dispute for referral of the dispute, within a time specified by him, to an Arbitration Tribunal and for its composition and terms of reference; but,
(b) if the consent of the parties cannot be obtained within the time specified, the Minister may decide to establish an Arbitration Tribunal and determine its composition and terms of reference in his own discretion.
(4) If there is a trade dispute in respect of a service other than an essential service and the parties to the dispute fail to comply with subsection (2) or the steps taken under subsection (2) fail to resolve the dispute, the Minister may invite both parties to reach mutual agreement on the establishment of an Arbitration Tribunal, its composition and terms of reference, but no party is compelled to agree on same.
(5) Once there has been mutual agreement on the establishment of an Arbitration Tribunal in respect of an industrial dispute or, failing such agreement, the Minister has decided to establish an Arbitration Tribunal as provided by this section, the provisions of section 50 of the principal Act apply as if the dispute had been referred to an Arbitration Tribunal.
Referral to an Arbitration Tribunal
(1) When a trade dispute has been referred to an Arbitration Tribunal under section 45
in an essential service, so long as the matter is before the Tribunal, and until the Tribunal makes its award and the award is published under section 52, no industrial action regarding the dispute before the Tribunal shall be continued or taken or ordered by the employees or employers who are parties to the dispute or by trade unions representing them or by other employees or employers or trade unions in solidarity with or support of the employees or employers who are parties to the dispute; unless no award of the Tribunal is published within sixty days of the matter being referred to an Arbitration Tribunal under section 45 or within such extended period being not more than twenty-eight additional days as may be fixed by the Minister if special circumstances so necessitate in a particular manner.
(2) In this section, “industrial action” refers to either a lock-out, a strike or an irregular industrial action.
(3) Except as provided in subsection (1), no employer, employee or trade union shall take industrial action in respect of an essential service.
Conflict between award and Act
Where a trade dispute referred to an Arbitration Tribunal involves questions as to
wages, or as to hours of work, or otherwise as to the terms or conditions of or affecting employment which are regulated by an Act other than this Act, the Tribunal shall not make any award which is in conflict with that Act.
Publication of award
An award of an Arbitration Tribunal shall be submitted to the Minister who shall as
soon as possible thereafter cause the same to be published in such manner as he or she thinks fit.
Interpretation of award
(1) If any question arises as to the interpretation of any award of an Arbitration
Tribunal, the Minister or any party to the award may apply to the Tribunal for a decision on such question, and the Tribunal shall decide the matter after affording the parties to the trade dispute to which the award relates a reasonable opportunity to be heard by the Tribunal, or without such hearing provided the consent of the parties has first been obtained.
(2) The decision of the Tribunal shall be notified to the parties having the same effect as if it were contained in the original award being as final and binding as the original award where appropriate.