The Laboour Relations and Industrial Disputes Act Revised 2002 9 Apr. 08

8/6/2019 The Laboour Relations and Industrial Disputes Act Revised 2002 9 Apr. 08

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L A B 0 UR RELATIONS AND INDUSTRIAL DISPUTES 1

1.2.

3.4.

4A.5 .

5A.5B.

6.

7.8.9.

10.11.

11A.11B.12.13.

14.15.

16.16A.

THE LABOURRELATIONS AND NDUSTRIALDISPUTES AC TARRANGEMENT OF SECTIONS

PART I- PreliminawShort title.Interpretation.

PART 11. -Labour RelationsLabour relations code.Rights of workers in respect of trade union membership.Employer may recognize trade union without ballot being taken.Ballots to determine bargaining rights.Bargaining in good faith.Notice of industrial action.Collective agreements.PART 111-Establishment and unctions of the Industrial Disputes

Establishment of Industrial Disputes Tribunal.Tribunal to sit in divisions.Industrial disputes in undertakings providing essential services.Minister may act in public interest to settle dispute.Reference of disputes to the Tribunalat the request of the parties.Minister may on his own initiative refer disputes to the Tribunal.Reference of dispute of disciplinaty nature by Minister to theAhards of the Tribunal.Mences in connection with unlawful industrial action.

Tribunal

Tribunal.

PART IV-Boards of Inquiryhlinister may appointBoards of Inquiry.Reports'of Boards.

PART V-Generalprovisions in respect of the Tribunal andBoardsof InquiryAppearance before the Tribunaland Boards.Power of Tribunal to hear industrial disputes.

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2 LABOUR RELATIONS AND INDUSTRIAL DISPUTES

17 . Power to summ on witnesses and administer oaths.18. Duty and privileges of witnesses.19 . The Tribunal and Boards may sit in private.20 . The Tribunal and Boards may regulate their procedure and21 . Remuneration and protection of members of Tribunal and ofproceedings.Boards.

PART VI-Miscellaneous22 .23 .24.25.26 .27 .28 .29 .30 .31.32.

Change of ownership of undertaking during an ndustrial dispute.Expenses incurred for purposes of this Act.Special provisions as to frnes and attachment.Application to G overnmen t and its employees.Service of documents.Regulations.Power to amend First and Fifth Schedules.Special provisions in respect of certain awards. settlements andEmployer in essential services to keep register of workers.Prohibition of industrial action while appeals from the Tribunal areProhibition of industrial action prejudicial to the national interest.

agreements.

pending in Court.

SCHEDULES

~~ ~

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LABOUR RELATIONS AND IND USTRlALDISPUTES 3

.4cts14 of 1975,13 of 1978,14 of 1983

S. 6,7 of 1986,

THE LABOUR RELATIONS AND INDUSTRIALDISPUTES ACT

[8thApril, 1975 13of2002.PART I. Preliminary

1. This Act may be cited as the Labour Relations and ShorttitleIndustrial Disp utes Act.Interpre-tation.. In this A ct un less the context otherwise requires-action includes any rehsal or failure to act, and anyreference to taking action shall be construedaccordingly;

bargaining rights means rights to participate, on behalf ofthe work ers in relation t o whom that expression is used,in nego tiations in respect of-the terms and conditions of employment ofthose workers, or the physical conditions inwhich any of them are required t o work;engagement or non-engagement ortermination or suspension of employment, ofany worker;allocation of work as between workers orgroups of workers;

unit means those workers or categories ofworkers of an em ployer in relation to whom collectivebargaining is, o r could appropriately be carried on;Board means a Board of Inquiry appointed und er this Act;collective agreement means any agreement orarrangement which-

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LABOUR RELATIONS AND INDUSTRIAL DISPUTES(a) s made (in whatever way and in whatever

form) between one or more organizationsrepresenting workers and either one or moreemployers, one or more organizationsrepresenting employers, or a combination ofone or more employers and one or moreorganizations representing employers,

(b ) contains (wholly or in part) the terms andconditions of employment of workers of oneor more categories;collective bargaining means negotiations between one or

more organizations representing workers and either oneor more employers, one or more organizationsrepresenting employers, or a combination of one ormore employers and one or more organizationsrepresenting employers;contract of employment means a contract of service or ofapprenticeship, whether it is express or implied, and (ifit is express) whether it is oral or in writing;

employer means a person for whom one or more workerswork or have worked or normally work or seek towork;essential service means any of the services set out in the

industrial action means-(a)any lock-out; or(b) any strike; or(c) any course of conduct (other than a lock-outor strike) which, in contemplation or

fbrtherance of an industrial dispute, is carriedon by one or more employers or by one ormore groups of workers, whether they areparties to th e dispute or not, with the intentionof preventing or reducing the production ofgoods or the provision of services;

First Schedule. First Schedule;

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LABOIJR REIATION S AN D INDIJSTRIAI, DISP~ITESindustrial dispute means a dispute between one or moreemployers or organizations representing employers andone or more workers or organizations representingworkers, where such dispute relates wholly or partly

terms and conditions of employment, or thephysical conditions in which any workers arerequired to work; orengagement or non-engagement, ortermination or suspension of employment, ofone or more workers; orallocation of work as between workers orgroups of workers; orany matter affecting the privileges, rights andduties of any employer or organizationrepresenting employers or of any worker ororganization representing workers;any matter relating to bargaining rights on 1 ~ 2 0 0 2behalf of any worker; S. (a).

lock-out means action which, in contemplation orfurtherance of an industrial dispute, is taken by one ormore employers, whether parties to the dispute or not,and which consists of the exclusion of workers fromone or more places of employment o r of the suspensionof work in one or more such places or of the collective,simultaneous or otherwise connected termination orsuspension of employment of a group of workers;[The iiiclusion of this page IS authorized by L.N SS.10031


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6 L4BO l ;R EL4 TIOiVS .AVD IiVD lJSTRL4LDISPUTES

"strike" means a concerted stoppase of work by a _groupofworkers in contemplation or hrtherance of anindustrial dispute. whether those workers are parties tothe dispute or not, and whether it is carried out during,or on the termination of, their em ployment;"terms and conditions of employment" means the termsand conditions on which one or more workei-s are, orare to be, required to work for their emp 1oyers;"the Tribunal" means the Industrial Disputes Tribunalestablished under this Act, and includes any divisionthereoc"undertaking" includes a trade or business and any activity

involving the employment of workers;-'worker" means an individual who has entered into orworks or normally works (or where the employmenthas ceased, worked ) under a contract, howeverdescribed, in circumstances where that individualworks under the direction, supervision and control ofthe em ployer regarding hours of work, nature of work,management of discipline and such other conditions asare similar to those which apply to an employee.

PART 11. Labour RelationsLabour 3 . 4 1 ) The Minister shall prepare and lay before the Senateand the Ho use of Representatives, before the end of the periodof one year beginning with the 8th April, 1975, the draft of alabour relations code, containing such practical guidance as inthe opinion of the M inister would be helpful for the purpose ofpromoting good labour relations in accordance with-

relations code


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LABOUR RELATIONS AND INDUSTRIAL DISPUTES 7the principle of collective bargaining freely conductedon behalf of workers and employers and with dueregard to the g eneral interests o f the public;the principle of developing and maintaining orderlyprocedures in industry for the peacehl and expeditioussettlement of disputes by negotiation, conciliation orarbitration;the principle of developing and maintaining goodpersonnel management techniques designed to secureeffective co-operation between workers and theiremployers and to protect workers and employersagainst unfair lab our practices.

(2 ) If the draft laid under subsection (1 ) is approved by aresolution of the S enate and of the House of Representatives theMinister shall-

(a) cause it to be published in the Gazette: an d(h) by notice published in the Gazette specify the date onwhich it shall come in to operation.

(3 ) The Minister may from time to time revise thewhole or any part of any labour relations code which isfor the time being in operation under this Act, so, however,that a draft of the revised code, or of the revised part of th ecode, as the case may be, shall be laid before the Senate and theHouse of Representatives, and subsection (2 ) shallapply thereto as it applies to the draft laid under subsection(1).

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8 LABOUR RELATIONS AN D INDUSTRIAL DISPUTES

Rights ofworkers inrespect oftrads unionmsmbership.

13!2002S. 3 (a) ( i i) .

1312002S. 3 (h).

(4) A failure on the part of any person to observe anyprovision of a labour relations code which is for thetime being in operation shall not of itself render him liableto any proceedings; but in any proceedings before the Tribunalor a Board any provision of such code which appears to theTribunal or a Board to be relevant to any question arising in theproceedings shall be taken into account by the Tribunal or Boardin determining that question.4.-(I) Every worker shall, as between himself and hisemployer, have the right-(a) to be a member of such trade union as he may choose;

(b) to take part, at any appropriate time, in the activities ofany trade union of which he is a member;(c) not to be a member of a trade union.

(2) Any person who-(a) prevents or deters a worker from exercising any of therights conferred on him by subsection (1); or(b) dismisses, penalizes or otherwise discriminates againsta worker by reason of his exercising any such right,

shall be guilty of an offence and shall be liable on summaryconviction before a Resident Magistrate to a fine not exceedingfive hundred thousand dollars.

(3) Where an employer offers a benefit of any kind toany workers as an inducement to refrain from exercising a rightconferred on them by subsection (1 ) and the employer-

(a) confers that benefit on one or more of those workerswho agree to refrain from exercising that right; and

(h ) withholds it from one or more of them who do notagree to do so,

the employer shall for the purposes of this section be regarded,in relation to any such worker as is mentioned in paragraph (h),as having thereby discriminated against him by reason of hisexercising that right.


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LABOUR RELATIONS A N D INDUSTRUL DISPUTES 9(4) In this section appropriate time, in relation to a

worker takmg part in any activities of a trade union, means timewhich either-

(a) is outside his working hours; or(b ) is a time within his working hours at which, in

accordance with arrangements agreed with, or consentgiven on behalf of, his employer, it is permissible forhim to take part in those activities,and in this subsection working hours, in relation to a worker,means any time when, in accordance with his contract with hisemployer, he is required to be at work.4A. Where the majority of the workers or a particular JV~W

category of workers, in the employment of an employer, agree rccogni,camong themselves for a trade union to have bargaining rights inrelation to them, the employer may recognize that trade union as hallo1 hsinghaving bargaining rights in relation to those workers without aballot being taken for the purpose of determining the matter m O 2

ma v

without

b 4Ilallot\ (( 1dctsrmtne5.-(1) If there is any doubt or dispute-(a) as to whether the workers, or a particular category of tjargiiiningthe workers, in the employment of an employer wish righ\

any, and if so which, trade union to have bargainingrights in relation to them, or

(h) as to which of two or more trade unions claimingbargaining rights in relation to such workers orcategory of workers should be recognized as havingsuch bargaining rights,

the Minister shall cause a ballot of such workers or category ofworkers to be taken for the purpose of determining the matter.

(2) Where the Minister decides to cause any ballot to betaken under this Act he shall cause such arrangements as hethinks fit to be made to secure that the ballot is properlyconducted and that the voting in the ballot will be kept secret

I 3 /20025 ( . , ,

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10

(3) Where the Minister decides to cause a ballot to betaken and there is a dispute, which he has failed to settle, asrespects the category of workers of whom the ballot should betaken or the persons who should be eligible to vote in the ballot,the Minister shall refer the dispute to the Tribunal fordetermination. The Tribunal shall, in determining any disputereferred to it under this subsection, have regard to the provisionsof any regulations made under this Act and for the time being i nforce in relation to ballots.

(3A) Where under subsection (3) the Minister refers adispute to the Tribunal, it shall be lawful for the Tribunal, i ndetermining the dispute, to determine the bargaining unit inwhich the workers concerned may, for the time being. bcincluded.

13 2002s. 5 (h).

(4)The Minister shall, as soon as may be afier he hasascertained the result of any ballot taken under this Act, issue tothe employer and every trade union concerned in that ballot acertificate, in such form as may be prescribed, setting out theresult of the ballot.

( 5 ) If the result of the ballot shows that the majority ofthe workers who were eligible to vote indicated that they wish aparticular trade union to have bargaining rights in relation tothem, their employer shall, so soon as he receives the certificatereferred to in subsection (4), recognize that trade union ashaving bargaining rights in relation to the workers who wereeligible to vote and in relation to any bargaining unit in whichthey may, for the time being, be included.

(6) Where a ballot is taken, for the purpose ofdetermining which, if any, of two or more trade unions shouldhave bargaining rights and the result of the ballot shows that


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10.01

13 2002s. 5 (C ) .

13 ZJ(J2S. (d) ( i ) .13 2002S. (d ) ( i i ) .

13 2002s. 5 (2) .

each of two or three of those trade unions receives the votes ofnot less than thirtv p e r centim of the number of workers who&ere elisible to vote the Minister shall. at the request in writingof not less than two of the trade unions which received the votesas aforesaid. inform the employer iil writing that those tradeunions mish to be recognized as having joint bargaining rightsin relation to the workers who were eligible to vote and inrelation to any bargaining unit in which they may, for the timebeing, be included, and the employer shall. so soon as hereceives such information. recognize those trade unionsaccordingly

(7 ) Any person who, without reasonable cause-(a) obstructs any person authorized in writing by the

Minister to take any ballot pursuant to this sectionwhile such person is carrying out his duties; or

( b ) prevents any worker who is eligible to vote in a ballotfrom voting,shall be guilty of an offence and shall be liable on summaryconviction before a Resident Magistrate to a fine not exceedingtwo hundred and fifty thousand dollars.

(8 ) Any employer who contravenes the provisions ofsubsection ( 5 ) or (6) shall be guilty of an offence and shall beliable on summary conviction before a Resident Magistrate to afine not exceeding five hundred thousand dollars and in thecase of a continuing offence to a hr ther fine not exceedingten thousand dollars for each day on which the offence continuesafter conuiction.

(9) Subject to the provisions of subsections (2), (3 ) and(4) every ballot under this Act shall be taken in accordance withsuch procedure and subject to such conditions as shall beprescribed.

(10) Where, whether before or after the 8th April, 1975,bargaining rights were granted, with or without the taking of a


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10.02 LABOUR RELATIONS AND INDUSTRIAL DISPUTES

ballot, to a trade union in respect of workers or a particularcategory of workers in the employment of any employer andthose rights were in existence immediately before the 28th dayof March, 2002, those rights shall continue to be exercised bythat trade union after that date.

Bargaining in, 3 zoozS . 6.

5A.-( 1) Where pursuant to section 5 (5) or (6) ,a trade unionis recognized as having bargaining rights in relation to workersor a category of workers, the trade union shall give to theemployer, within fifteen days of being so recognized or suchlonger period as the trade union and the employer may agree, anotice in writing stating that the trade union is desirous ofmaking a cofiective agreement with the employer.

(2) Where a claim is served by one party on the other inrelation to wages and fringe benefits or other conditions ofservice, both parties shall, within thirty days of the date ofservice of the notice, conduct negotiations in good faith andmake every reasonable effort to conclude a collectiveagreement.5B.-41) Where industrial action is contemplated to be takenin any of the services specified in the Fifth Schedule, notice in

writing of such industrial action shall be given to the Ministerand the employer by any party to the dispute or by any personacting on behalf of such party not less than seventy-two hoursbefore the commencement of such industrial action.

(2) Where no notice is given pursuant to subsection ( 1 )or notice is not given within the period specified in thatsubsection, the industrial action taken shall be deemed to beunlawful.

6 - 4 1 ) Every collective agreement which is made in writingafter the 8th April, 1975, shall, if it does not contain expressprocedure for the settlement, without stoppage of work, ofindustrial disputes between the parties, be deemed to contain theprocedure specified in subsection (2) (in this section referred toas the implied procedure).

good faith.

Notice of

1 3 m o 2

schcduic.

industrialaction.S. 6.Fifth

Collcclivcagreeemmts.

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LABOUR RELATIONS A N D I N D U S T R I A L DISPUTES(2) The implied procedure shall be-

(U) the parties shall first endeavour to settle any dis-pute or difference between them by negotiation;and

(b ) where the parties have tried, but failed, to settle adispute or difference in the manner referred to inparagraph (U) any or all of them may request theMinister in writing to assist in settling it by meansof conciliation; and

(c) all the parties may request the Minister in writingto refer to the Tribunal for settlement any disputeor difference which they tried, but failed, to settleby following the procedure specified in paragraphs(a) and (6).PART III. Establishment and functions of the Industrial

Disputes Tribunal7 4 1 ) The re shall be established fo r the purposes of this Establish-Act a tribunal to be called the Industrial Disputes Tribunal lndurtrial

(2) The provisions of sections 8 and 10 and the Trlbuna'.Second Schedule shall have effect as to the constitution ;y$,eof the Tribunal and otherwise in relation thereto.

"lent "fDiipulw

8.-(l) Th e Tribun al shall sit in such number of divisions turibunal11 10asmay from time t o time be necessary. dnwoar.(2) A division of the Trib unal shall-

(a) where the Tribun al proposes to deal with an indus-trial dispute which, in the opinion of the chairman,arises from the interpretation. application.administration or alleged violation of a collectiveagreement, consist of-(i) one member of the Tribunal, w h o shall beeither the chairman or one of the deputychairmen selected by the chairman: or

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L A B O U R RELATIONS A N D INDUSTRIAL DISPUTES(ii) three of the m embers of the Tribunal select-ed in the manner specified in paragraph (c),if all the parties inform the chairman inwriting that they wish the matter to bedealt with by a division consisting of three

members;(b) where the Tribunal proposes to deal w ith an indus-trial dispute referred to it under section 10 andthree special members are appointed in accord-ance with the provisions of that section for th epurpose, consist of those members;(c) in any other case consist of-

(i) either the chairman or one of the deputychairmen; and(2) one of the members of the Tribunal whowas appointed by the Minister from thepanel supplied to him by organizationsrepresenting employers, or from a panelconstituted by him in lieu thereof, in accord-ance with the Second Schedule; and

(iii) one of the members of the Tribunal whowas appointed by the Minister from thepanel supplied to him by organizations re-presenting workers, or from a panel con-stituted by him in lieu thereof, in accord-ance with the said Schedule,

who shall be selected by the cha irm an to constitutethe division.(3) Where three of the members are selected undersubsection (2) to constitute a division of the Tribunal andthe chairman is one of those members, he shall preside overthat division, and where the chairman is not one of thosemembers, a deputy chairman shall preside.(4)Where three members of the Tribunal constitutea division thereof a nd any one of those members dies or

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LABOUR RELATIONS AND IND USTRIAL DISPUTES 13

incapacitated or ceases to be a member thereof for any other 1 3 2 0 0 2reason after the division begins to deal with the industrialdispute in relation to which it was constituted but before it hasmade its award, another person shall be selected in accordancewith the provisions of paragraph (c) of subsection (2) to fill th evacancy, thereafter the proceedings of the division shall bebegun de HOW unless all the parties to the dispute agree inwriting that those proceedings may be continued as if they hadnot been interrupted by reason of such death or incapacity orcessation

(5) A division of the Tribunal may, by agreementbetween the chairman of the Tribunal and the parties to th edispute with which the division proposes to deal, be assisted byone or more messors appointed by the employer or anorganization representing the employer and an equal number ofassessors appointed by the trade union representing the workers( 6 ) Where any division of the Tribunal is being assistedby assessors and any vac ancy oc curs in the num ber o f assessors.that division may, by agreement between the person presidingand the party which appointed the assessor whose place hasbecome vacant, either act notwithstanding such vacancy orpermit another assessor to be appointed by that party to f i l l th evacancy(7) The validity of the proceedings of a division of theTribunal shall not be affected-

13 2002s 7 ( h )

(U ) by any vacancy in the number of assessors; or( h ) by reason of the fact that such proceedings are notbegun de t i o w after the filling of any such vacancy

(8 ) The decisions of every division of the Tribunalwhich consists of three members shall be by the votes of th emajority of those mem bers and w here the result of the voting inrespect of any question shows that there is no agreementbetween any two of those members, the decision in respect ofthat question shall be made by the person presiding. Assessorsshall not vote.[Tlic iiicliisioii of liis page is niitliorized by L N 8820031


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14 LABOUR RELATIONS AN D INDUSTRIAL DISPUTES

(9) The Arbitration Act shall not apply to anyproceedings of the Tribunal or to any decision or award made byit

Industrial 9 . 4 1 ) Any industrial dispute existing in an undertakingwhich provides an essential service may be reported to the

providing Minister in writing by any party to the dispute or by any personacting on behalf of any such party

disputes inundertakingsessentials e n i c e ~

(2) A report under subsection (1 ) shall state-(a) whether the person making the report knows of anysteps which have been taken towards a settlement of

the dispute, and if so, what are those steps and theresult thereoc and

( h ) whether there is in force any collective agreementbetween the parties to the dispute, and if so, whethersuch agreement includes express procedure for thesettlement of disputes of the kind referred to in suchreport

(3) Subject to the provisions of subsection (7), where areport is made under subsection ( 1 ) the Minister shall, duringthe period of ten days beginning on the day on which he receivesthe report-

(a) refer the dispute to the Tribunal for settlement if he issatisfied that attempts were made, without success, tosettle the dispute by such other means as wereavailable to the parties; or

( h ) give directions in writing to the parties to pursue suchmeans as he shall specify to settle the dispute if he isnot satisfied that attempts were made to settle thedispute by all such means as were available to theparties.

(4) If any of the parties to whom the Minister gavedirections under paragraph ( h ) of subsection (3 ) to pursue ameans of settlement reports to him in writing that such meanshas been pursued without success the Minister shall

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17/41

during the period of ten days beginning on the day o n which hereceives that report, refer the dispute to the Tribunal tbrsettlement.dispute exists in an undertaking which provides an essential.;ervice but n o report thereof has been made to t h e Ministerpursuant to subsection ( I ) , the Minister may take such actionunder paragraph (a) or (h) of subsection (3) as he th inks tit; andwhere he takes action under paragraph (h) , subsection (4) shallapply in relation thereto.

(S ) Any industrial action taken in conteinplatioti o rfurtherance of an industrial dispute in any undertaking whichprovides an essential service is an unlawful industrial actionunless-(a) that dispu te was reported to the M inister in accordancewith subsection ( 1 ) and he failed to comply withsubsection (3) or subsection (4) or subsection (7); or(h) that dispute was referred to the Tribunal for settlementand the Tribunal failed to make an award within theperiod specified in section 12 .

(6) The Minister may, so soon as he is satisfied that anyunlawfkl industrial action in contemplation or furtherance of anindustrial dispute in an undertaking which provides an essentialservice has begun, refer that dispute to the Tribunal forsettlement.(7) Wh ere ap industrial dispu te exists in any undertakingwhich provides an essential service and the Minister is satisfiedthat the dispute relates to the appointment of any person to apublic of ice or to removal of, or disciplinary action takenagainst, any person holding or acting in a public ofice, theMinister shall not refer the matter of that appointment, orremoval or disciplinary action to the Tribunal but shall cause tobe served on the parties directions in writing requiring them tofollow, in respect of that matter, the procedure provided by orunder the Constitution of Jamaica.

(4A) Where th e Minister is satistied that an industrial ~'J"'':

[The ltlcillslc>ll f 11115page IS iirliorized b? L N ssi?nn;]


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16

(8 ) In this section and section 10 "public office" has themeaning assigned to that expression by the Constitution ofJamaica

( a ) an industrial dispute exists in any undertaking otherthan an undertaking which provides an essentialsenice. an d

( h ) any industrial action in contemplation or hrtherance ofthat dispute has begun or is likely to begin; and(c ) the condition specified in subsection (2) is hlfilled,

the Minister may by order, which shall be subject to negativeresolution of the House of Representatives, declare that anyindustrial action taken in contemplation or hrtherance of thatdispute is likely to be gravely injurious to the national interest.

(2) The condition referred to in paragraph (c) ofsubsection ( 1 ) is that the industrial action referred to inparagraph ( h )of that subsection has caused, or (as the case maybe) would cause, an interruption in the supply of goods or inprovisions of services of such a nature, or on such a scale, as tobe likely to be gravely injurious to the national interest.

(3 ) Where the Minister decides to make an order underthis section he shall, on or before the date of publication of theorder, cause to be served on th e parties to the dispute-

' I i l l l < t e r lll"\

\C t I lC Jl


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LABOUR RELATIONS A N D INDU STRIA L DISPUTESwithout success during the period specified in paragraph (b)of subsection 13), the Minister shall, subject to the provisionsof subsection (7), s soon as may be after he receives suchinformation invite-

(4 ll the parties to meet and jointly nominate aperson for appointment as a special member ofthe Tribunal to preside over the division of theTribunal which is to deal with that dispute; and( b ) the employer, or an organization representingthe employer, who is a party to the dispute tonominate a person for appointment as one of theother two special members of the Tribunal, and(c ) the organization representing workers which is theother party to the dispute to nominate a personor appointment as the third special member ofthe Tribunal.

(5) If the Minister does not receive nominations forall the special members of the Tribunal within seven daystor such longer period as he may in any special circum-stances allow) after the invitations for such nominationswere issued to the parties he may, without further consulta-tion with the parties, refer the dispute to the Tribunal orsettlement.

(6) If the Minister receives nominations for all thespccial mem bers of the Tribuna l within the period referredto in subsection ( 5 ) he shall appoint the persons nominatedas special members of the Tribunal for the purpose ofdealing with the dispute in relation to which they werenominated and shall thereupon-

(U ) refer the dispute to the Tribunal or settlement;and(6 ) inform the chairman of the Tribunal that the di-vision thereof which is to deal with that disputeshall consist of those special members, and indi-cate which of them shall preside over that division.

me nclusion of this page is authonzcd by L.N. 60 / 19761


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18 L A B O U R RELATIONS A N D INDUSTRIAL DISPUTES(7) Where the Minister is satisfied tha t the disputerelates to the appointment of any person to a public office

or to removal of, or disciplinary action taken against, anyperson holding or acting in a public office, the Ministershall not refer the matter of that appointment, or removalthan one the Minister shall appoint one of them to be theserved on the parties directions in writing requiring themto follow, in respect of that matter, the procedure provideiiby or under the Constitution of Jamaica.

(8)Where directions are served pursuant to thissection in respect of an industrial dispute, any industridaction which-( U ) is taken after the time of service of those direc-tions; or(b) having begun before the time of service of thosedirections, continues for more than forty-eighthours after that time,

is a n unlawful industrial action.otdwencei swlcsbh*ri-t i ~ e r s a ~ t ~ td t h eca.

ll.-(L) Subject to the provisions of subsection (2 ) andsections 9 and 10 the Minister may, at the request inwriting of all the parties to any industrial dispute, refersuch dispute to the Tribunal for setlement.(2) If the Minister is satisfied that any eollectiveagreement in force between the parties which have requestedhim to refer a dispute to the Tribunal under this sectionincludes procedure for the settlement of that dispute heshall not refer that dispute to the Tribunal under this sec-tion unless attempts were made, without success, to settlethat dispute by such other means aswere available to theparties.(3) If all the parties which have requested theMinister to refer a dispute to the Tribunal under this sectioninform the Minister in writing, before the Tribunal beginsto deal with the dispute, that they no longer wish such

h a 1 i

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LABOUR RELATIONS AND INDUSTRIAL DISPUTES 19

dispute to be settled by the Tribunal, the Minister shall not referthe dispute to the Tribunal or, if he has already done so, he shallwithdraw the reference.

!vt inister1A.-( 1) Notwithstanding the provisions of sections 9, 10 may on tiisand 11, where the Minister is satisfied that an industrial dispute ~ ~ ~exists in any undertaking and should be settled expeditiously, he disputesmay on his own ini t ia t ive

(a) efer the dispute to the Tribunal for settlement- 1 3 ~ 1 9 7 ~(i) if he is satisfied that attempts were made, 7!1986

without success, to settle the dispute by suchother means as were available to the parties;

(ii) if , in his opinion, all the circumstancessurrounding the dispute constitute such anurgent or exceptional situation that it wouldbe expedient so to do;

(h ) give directions in writing to the parties to pursue suchmeans as he shall specify to settle the dispute withinsuch period as he may specify if he is not satisfiedthat all attempts were made to settle the dispute by allsuch means as were available to the parties.

(2) If any of the parties to whom the Minister gavedirections under paragraph (6) of subsection (1 ) to pursue ameans of settlement reports to hi m in writing that such meanshas been pursued without success, the Minister may, upon thereceipt of the report, or if he has not received any report at theend of any period specified in those directions, he may then,refer the dispute to the Tribunal for settlement.

to theTribunal.s. 2.s.2 .

or

U :1Lrmcc11B. Notwithstanding the provisions of sections 9, 10, 1 1 and ofdinputc ot1 1A, where an industrial dispute exists in any undertaking which ~ ~ ~ ~ ~ ; urelates to disciplinary action taken against a worker, the Minister Ministershall not refer that dispute to the Tribunal unless, within twelve y{F:m,,months of the date on which the disciplinary action became 13/2002

s.9.[llic iiicliisioii ci f this page is ;iiitlioriml hy I..N. XXLlocl3l


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20 LABOUR RELATIONS AND INDUSTRIAL DISPUTES

effective, the worker lodged a complaint against such actionwith the Minister.12.-( 1 ) Subject to the provisions of subsection ( 2 ) theTribunal shall, in respect of any industrial d ispute referred to it ,

make its award within twenty-one days after that dispute was soreferred, or if it is impracticable to make the aw ard within thatperiod it shall do so as soon as may be practicable, and shallcause a copy of the award to be given forthwith to each of theparties and t o the Minister.(2) The period of twenty-one days specified insubsection ( 1 ) may be extended by the Tribunal-

(a) for a hrther period not exceeding twenty-one days atthe request of an y of the parties;(h ) for such hrther period beyond that specified in

paragraph (a) s the Tribunal may, with the agreementof the parties, determ ine.(3 ) The Tribunal may, in any award made by it, set outthe reasons for such award if it thinks necessary 01 expedient soto do.(4 ) An award in respect o f any industrial dispute referred

to the Tribunal for settlement-(a) may be made with retrospective effect from such date,not being earlier than the date on which that dispute

first arose, as the Tribunal may determ ine;( b ) shall specify the date fromwhich it shall have effect;( c ) shall be final and conclusive and no proceedings shallbe brought in any cou rt to impeach the validity thereof,except on a point of law.

(4A) Notwithstanding the provisions of paragraph (U) ofsubsection (4), an award made in respect of an industrial disputereferred to the Tribunal for settlement may be made withretrospective effect fiom a date earlier than the date on whichthe dispute first arose, in accordance w ith subsection (4B).

.Awards o f t h cTribunal.

132002s. 10 (a).

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LABOUR RELATIONS AN D INDUSTRLAL DISPUTES 21

(4B)For the purposes of subsection (4A), where the

(a) the re-negotiation of a collective agreement which hasexpired, the award may be made with effect from thedate of the expiry of that agreement;

(b) the dismissal of a worker which is found to beunjustifiable, the award may be made with effect fromthe date of the dismissal;

(c) any claim made with respect to a new bargaining unit,the award may be made with effect from such date asthe Tribunal may determine.

dispute arose from-

( 5 ) Notwithstanding anything to the contrary, where any {yya:industrial dispute has been referred to the Tribunal-

(a) it may at any time after such reference-(i) if industrial action has begun in contemplation

OJ hrtherance of that dispute, order that suchaction shall cease from such time as theTribunal may specify; and

(ii) if it is satisfied that industrial action isthreatened, order that such action shall nottake place;

(b) it may at any time after such reference encourage theparties to endeavour to settle the dispute bynegotiation OJ conciliation and, if they agree to do so,may assist them in their attempt to do so;

(c) if the dispute relates to the dismissal of a worker theTribunal, in making its decision OJ award-(i ) may, if it finds that the dismissal was 13/2002

reinstated, then subject to subparagraph (iv), I 312002Order the employer to reinstate him, withpayment of so much wages, if any, as theTribunal may determine;

unjustifiable and that the worker wishes to be S lO(h)(i)


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22

13!2002S.10 (b) (iii).

711986S. (b).

(ii) shall, if it finds that the dismissal wasunjustifiable and that the worker does notwish to be reinstated, order the employer topay the worker such compensation or to granthim such other relief as the Tribunal niaydetermine;

(iii) may in any other case, if it considers thecircumstances appropriate, order that unlessthe worker is reinstated by the employerwithin such period as the Tribunal mayspecify the employer shall, at the end of thatperiod, pay the worker such compensation orgrant him such other relief as the Tribunalmay determine;

(iv) shall, if in the case of a worker employedunder a contract for personal service, whetheroral or in writing, it finds that a dismissal wasunjustifiable, order the employer to pay theworker such compensation or to grant himsuch other relief as the Tribunal maydetermine, other than reinstatement,

and the employer shall comply with such order,

(SA) An order under paragraph (a)of subsection (5)-(a)may, if the Tribunal is satisfied that the circumstancesso warrant, be made on an application of a party to an

industrial dispute notwithstanding that a party to thedispute fails to appear before the Tribunal on thehearing of the application; and

(b) may be published in the prescribed manner and thepublication shall, withwt prejudice to any other formof service, be deemed t0-be service of notice thereonon all parties specifred*in he order and all personsthreatening or engaged, ..b the industrial action.

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LABOUR RELATIONS AND INDU STRUL DISPUTES 23

(5B) In subsection (5A) published in the prescribed 7 1 9 8 6S 3 ( h )manner means published in the Gazette and in at least one dailynewspaper circulating in Jamaica or, where it is impracticable topublish as aforesaid, published by broadcasting, on at least twoseparate occasions, over a commercial broadcasting system,whether of radio or television or both, operating in Jamaica.

( S C ) Any order made by a Tribunal pursuant to this Act 7 1986S . 3 (h ) .shall have effect against all persons (whether or not expresslynamed) falling within the category of persons identified in theorder as taking part or threatening to take part in industrialaction.

(6) An award in respect of an y industrial dispute referredto the Tribunal for settlement and any decision given undersubsection (10) shall be binding on the employer, trade unionand workers to whom the award relates and, as fiom the datefiom which the award has effect pursuant to subsection (4), itshall be an implied term of the contracts of employment of thoseworkers that the rates of wages to be paid and the other termsand conditions of employment to be observed under suchcontracts of employment shall be in accordance with such awarduntil such rates, terms and conditions are varied by agreement,or by a subsequent award, or by or under any enactment otherthan this Act.

involves questions as to wages, or as to hours of work, or as toany other terms and conditions of employment, the Tribunal-

(7) Where any industrial dispute referred to the Tribunal 13 198s.3.

(U ) shall not, if those wages, or hours of work, orconditions of employment are regulated or controlledby or under any enactment, make any award which isinconsistent with that enactment;

(h ) shall not make any award which is inconsistent withthe national interest.


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24 LABO UR RELATIONS AN D INDUSTRIAL DISPUTES

I312002S. O(c)(i).I312002S .IO(c) ( i ) .

(8) In all legal and other proceedings relating to anyaward, order, requirement or decision of the Tribunal anydocument purporting to be a copy of such award, order,requirement or decision and having endorsed thereon acertificate signed by the chairman of the Tribunal to the effectthat such document is a true copy of such award, order,requirement o r decision, as the case may be, shall be received asprima facie evidence withou t proof being given that-(a) the signature t o such certificate is that of the chairmanof the Tribunal; o r(b) the Tribunal wa s entitled to make such award, order,requirement or decision; or( c ) such award, order, requirement or decision was

(9) Any person who fails to comply with any order orrequirement of the Tribunal made pursuant to subsection (9,rwith any other decision or any award of the Tribunal, shall beguilty of an offe nce and-

properly made.

(a) n the case of an employer to whom that order,requirement, decision or award relates, shall be liableon summary conviction before a Resident Magistrateto a fine not exceeding five hundred thousand dollars,and in the case of a continuing offence t o a hr t he r f inenot exceeding twenty thousand dollars for each day onwhich th e offence continues after conviction;

(b) in the case of any other person to whom that order,requirement, decision or award relates, shall be liableon summary conviction before a Resident Magistrateto a fine not exceeding fifty thousand dollars, and inthe case of a continuing offence to a further fine notexceeding tw o thousand dollars for each day on whichthe offence continues after conviction.13/2(M)2S. 10 ( c ) (ii)1312002S. 10 ( c ) i i ) .


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LABO CX E L A IOXS A l lD INDU S T W DISPUTES ' 5

(10) If any question arises as to the interpretation of anyaward o f the Tribunal the M inister or any e mployer, trade unionor worker to whom the award relates may apply to the chairmanof the Tribunal for a decision on such question, and the divisionof the Tribunal bv which such award was made shall decide thematter and give its decision in writing to the Minister and to theemployer and trade union to whom the award relates, and to theworker (if any) who applied for the decision. Any person whoapplies for a decision under this subsection and any employerand trade union to whom the award in respect of which theapplication is made relates shall be entitled to be heard by theTribunal before its decision is given.

13.-( 1 ) Any employer who takes any unlawful industrial m s n c s s inaction shall be guilty of an offence and shall be liable on :,:Ytlonsummary conviction before a Resident Magistrate to a fine not unla\*fulinduanalexceeding- action(a) five thousand dollars in respect of every worker who 7 1986was employed to him immediately before such :3:rd2unlawfbl industrial action, or S 1 1 ( a x i )

( b ) five hundred thousand dollars,whichever is the less.

(2) Any worker who, during the period of any unlawfblindustrial action which is taken in the undertaking in which h e isemployed-(a) ceases or abstains fiom, or refuses to continue, anywork which it is his duty, under his contract ofemployment, to do; or( b ) carries on any other course of conduct which preventsor reduces the production of goods or the provision ofservices in that undertaking or which is intended tohave that effect,

shall, unless he p roves that he did so in any of the circumstances

13,2002S. I 1 (bxii) .

[The i~iclus~o~iI I 1111s age IS authorized by L N . XXI2003l


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26

7 1986S. (h).13 2002S. 1 (h) .

Ministermay appointBoards ofInquin.

IABOIJR REATIONS A N D INDIJSTRIAI. I l I . Y I ~U7 . 3

specified in subsection (3), be guilty of an offence and shall beliable on sum mary conviction before a Resident M agistrate to afine not exceeding five hundred dollars. and in the case of acontinuing offence to a hr th er tine not exceeding five thousanddollars.

(3) Th e circumstances referred t o in subsection (2) arethat the action in respect of which the worker is charged wasdone-(a) under duress and in circumstances in which he couldnot reasonably be expe cted to take any other action;(h ) fo r a reason wholly unconnected with the unlawfiilindustrial action referred to in subsection (2).

PART I V. Bomdv of /tquit:rt4.-(1) Where any industrial dispute exists or isapprehended the Minister may, whe ther o r not that dispute isreported t o him, inquire into the causes and circumstance s of thedispute and, if he think s fit. refer any m atter appearing to him t obe connected with or relevant to the dispute to a Board ofInquiry appointed by him for the purpose of inquiring into,reporting on, and making such recommendations as the Boardthinks fit in relation to, such m atter.

(2) The Minister may also refer any matter connectedwith labour relations or the economic conditions in Jamaica t o aBoard of Inquiry appointed by him for the purpose of inquiringinto, reporting on, and making such recommendations as th eBoa rd thinks fit in relation to, such matter.(3 ) A Board shall consist of such number of members,who shall be appointed by the Minister, as he may determine.Where the number of members is more than one the Ministershall appo int one of them t o be the chairman of the Board.(4 ) A Board may act notwithstanding any vacancy in themembership thereof

[Tlic inclusioii of this page i s aiitlionzedb! L N SS,2003]


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LAHOIIR RELATIONS AN D INDUSTRIAL DISPlJTES 27IS.-( 1 ) A Board shall inquire into the matters referred to it ~ ~ ~ ~ o

and report thereon, as soon as may be, to the Minister.(2) A Board may, if it thinks fit, make interim reports.(3) Subject to the provisions of section 19 the Minister

may cause to be published from time to time, in such manner ashe thinks fit, any information obtained or conclusions arrived atby a Board as a result of the inquiry.PART V. (;eliemalyro,)isicis ll respect qf the Trihiiml anid

Boards of I m p i v y16.-(1) Any party to an industrial dispute referred to the Appearancc

Tribunal for settlement, or in respect of which a Board has been ~~u~~appointed, may either appear in person before the Tribunal or mdBoards .Board, as the case may be, or be represented-

(a ) by an attorney-at-law; or(h) by an officer of the trade union concerned or of the

organization representing employers concerned; or(c) if the party is a corporation, by an officer of thecorporation; or(4 with the permission of th e Tribunal, by any other

person whom he wishes to represent him.

(2) The Attorney-General or his representative shall beentitled to appear before the Tribunal or a Board whenever heconsiders it expedient in the public interest so to do.

16A. The Tribunal shall have power to hear an industrial Powerordispute referred to it for settlement, on the Tribunal being ieytosatisfied that due notice of the hearing was served on a party to industrialthe dispute notwithstanding that that party fails to appear before $the Tribunal. s. 5 .


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17.-( 1 ) The Tribunal and a Board shall haie poi ier t osuninion an!. person to attend before the Tribunal or the Board.as the case nia! be. and to Siie ei idence or to produce an!paper. booL,record or docunient i n the possession or under thecontrol of such person( 2 ) .A suninions under this section shall be i n the forrnprescribed in the Third Schedule( - 3 ) .A suninions under this section ma! be seried eitherpersonally or by registered post(4 ) The Tribunal and a Board shall h a i e po\\er toadminister oaths to or take the att'irniation of an! iiitnessappearing before them

IS.-( I ) Any person summoned to attend and yi\ e e i denceor to produce any paper. book. record cx document before theTribunal or a Board-shall be bound to obe! the s u ~ ~ i n i o i i ~erLed upon him.shall be entitled. i n respect of such ekidence or thedisclosure of any conimimication or the production o tany such paper. book, record or document. to the sanic'right or privilege as he uou ld haLe before a court.shall be entitled to be paid. from public funds. hiselpenses. including travelling expenses. at the ratesprescribed bv the Witnesses Expenses Act forwitnesses who are entitled to habe their expenses paidfrom public funds

Provided that the Tribunal or a Board niav disallow the wh oleor any part of such expenses in any case. if i t thinks f it(2 ) Any person who-

(U ) without sutlicient cause, fails or refuses to attendbefore the Tribunal or a Board in obedience to asummons under this Act, or fails or refuses to produceany paper, book, record or document which he wasrequired by such summons to produce, orI I I C 1111111\1111101 l111\ p.&!L! I\ llllllt~ll/c\ I N N8 2 0 0 3 1


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( h ) being a witness, leaves the Tribunal or the Board, asthe case may be, without the permission of theTribunal or the Board; or

( c ) being a witness, refuses, without sufficient cause, toanswer any question put to him by or with thepermission of the Tribunal or the Board; or(d)wilfully obstructs or interrupts the proceedings of theTribunal or the Board,

shall be guilty of an offence and shall be liable on summaryconviction before a Resident Magistrate to a fine not exceedingfifty thousand dollars. 13 2002

s. 12 .19.-( 1 ) The Tribunal or a Board may sit in private for the 'I'Iie'I'ri-

purpose of hearing evidence if, in the opinion of the Tribunal or F;,','~;i\~~~~l,of the Board, as the case may be, the interests of the parties or of XII it 1the public so require.

(2) No evidence given before the Tribunal or a Board,at a hearing held in private in accordance with the provisions ofsubsection ( l ) , shall be disclosed to any person except with theconsent of the Tribunal or of the Board, as the case may be.

( 3 ) Any person who discloses any evidence incontravention of subsection (2) shall be guilty of an ot'fence andshall be liable on summary conviction before a ResidentMagistrate to a fine not exceeding one hundred thousand dollars. 13 2Oo220. Subject to the provisions of this Act the Tribunal and a 'I'Iic'i'ri-

pri \:ire

s. 3.

Board may regulate their procedure and proceedings as they F ; , ' ~ ~ ~ ~ & ~ i l ,think fit. rcgihlcrlicirproccdurciitid pro-cceJitigs

21.-( 1 ) There shall be paid to the members of the Tribunal Kcmuncr-and of Boards and to any assessors assisting the Tribunal such ~ , ~ ~ ~ ~remuneration, whether by way of honorarium, salary or fees, olnicmhcrsol"l'rihutiol

; l i d 01'i3oitriisand such allowances, as the Minister may determine.

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(L) the procedure fi x satisfaction of such judgn~ei~ts,shall apply to such tine as they apply t o siiiiis tb r thepayment of which judgment has been siveii as aforesaid withoutl imit of amount; and as respects such tine the Crownshall be deemed to be the judgment creditor and the personon whom the tine is imposed shall be deemed to be theparty against whoni judgment has been obtained

(2) Without prejudice to any other method of en-fbrcing payment of any tine imposed by a Resident Magis-trate on the conviction of any person prosecuted for anoffence under subsection (9) of section 12, or subsection (2)of section 18 or subsection ( -3 ) of section 19, payment niaybe enforced in the manner provided in subsection ( I ) otsection 195 of the Judicature (Resident Magistrates) Actin respect of fines for which no espress provision is madeas to the mode ofenforcement.(3) On the conviction of any person prosecuted fo ran otfence under subsection (9) of section 12 or subsection(2 ) of section 18 a Resident Magistrate niay, on an applica-tion made to him for either a writ of attachment or anorder on that person to show cause why he should not beattached for disobeying the Tribunal or for doing any actreferred to in subsection (2) of section 18, direct that a writ otattachment in the form set out in the Fourth Schedule issue SCl,CdLIILagainst him.

(4) Subject to the provisions of subsection (3) theprovisions of section 651 of the Judicature (Civil Procedure GIP 1 7 7Code) Law shall apply, with such modifications as may be ~ ~ ~ e ~necessary, in relation to an application under subsection(3) as they apply in relation to an application under thesaid section 65 1.

( 5 ) It shall not be necessary for a Resident Magis-trate, where he is dealing with an application under sub-section (3), to have regard to the fact that he has, or hasnot, imposed a fine on the person in respect of whom the

I;ollrtll


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3 2

. \pplication to(iovcrnmt'ntand itscmplovccs.

14 19x3S O

13 2002S 147 I ox0s 0.

I 3 2 0 0 2s I 4

LABOUR RELATION S AN D INDIJSTRIAL DISPIJTES

application is made for the offence in respect of which theapplication is made.2 5 . 4 1 ) Subject to the provisions of subsections (2) and (3),this Act applies in relation to employment in the service of theGovernment and to workers employed by the Government as itapplies in relation to other employment and to other workers.

(2) This Act. does not apply to employment in theJamaica Defence Force or in the Jamaica Constabulary Force,the Island Special Constabulary Force or the Rural Police, or topersons employed in those Forces.

(3 ) Sections 5 and 5A do not apply to the Government orto workers employed by the Government, and subsections (5)and (9) of section 12, section 13 and subsection (3 ) of section 30do not apply to the Government.

(4 ) Sections 5 and 5A do not apply to the Kingston andSt. Andrew Corporation or any Parish Council or to workersemployed by the Kingston and St. Andrew Corporation or anyParish Council.

Scn i c c 01docllliic.li'\

26. Any award or other document which may be, or isrequired by or under this Act to be, served on or given to anyperson or trade union shall be deemed to be served or given if itis delivered to that person or is sent to him by registered post athis last known place of business or abode or, in the case of atrade union or any other body or association of persons, if it isdelivered or sent by registered post to the secretary or clerk ofthat trade union or other body or association at its registered orprincipal ofice.

27.-(I) The Minister may make regulations for the bettercarrying out of the provisions of this Act and in particular butwithout prejudice to the generality of the foregoing, may makeregulations-

(a ) as to the formation and composition of bargainingunits;( h ) as to the furnishing of information to the Minister inrelation to collective agreements;

I


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( c ) prescribing any marter or an!-thing which may be. oris required by this Act to be. prescribed( 2 ) SotLvithstanding an\thing contained in the Inter-pretation Act. regulations made under this section may

provide in respect of a breach of any of the provisions ofsuch regulations that the offender shall be liable on sum-mary conviction thereof before a Resident -Magistrate to suchfine not exceeding five hundred thousand dollars as may be 1 3 2 0 0 2prescribed therein s I.'2 8 . 4 ) The Minister may from time to time by order amend P o \ \ m t oamcnd

and FitthSchcdulc\ I6

the First and Fifth Schedules( 2 ) Every order made under this section shall be subject 1 3 2002to affirmative resolution

2 9 . 4 1 ) Where any industrial dispute which is referred for \PWIsettlement to any person other than the Tribunal involves ~nr(&'~L''(l,questions as to w ages, or as to hours of work. o r as to any other Lr'ndlnd \\ drd\terms and cond itions of employmen t, that person- wttlern


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34 LAHOIJH REIA7'1ONS AN D INDIJSTRIAL DISPUlES

I3 2002S. 17 .

Employcr i112ssentialservices tok q egisterof\\orkers.7 1986s. 7.

13:2002s. X .

I'rohihihn ofindustrialaction whilcappcals liomthc 'l'rihunalarc priding inCOUII.7/ 0%6s. 7.

(3) In subsection (2) "the relevant period" means, inrelation to any award, settlement or collective agreement, aperiod of fourteen days after the date on which the award,settlement or collective agreement is made.

(4) Any person who contravenes the provisions ofsubsection (2) shall be guilty of an offence and shall be liable onsummary conviction before a Resident Magistrate to a fine notexceeding one hundred thousand dollars.

30.-(1) It shall be the duty of every employer of anundertaking which provides an essential service to compile andkeep up-to-date an accurate register of the names and properaddresses of its workers and such register shall be kept so as tobe able to determine readily the department in which a worker isemployed and, where applicable, the bargaining unit to which hebelongs.

(2) Where industrial action is threatened or taken in anundertaking which provides an essential service, the Minister orthe Tribunal, where a dispute has been referred to it, as the casemay be, may by notice in writing request the employer toprovide a list of the names and addresses of the workers or anyone of them in that undertaking according to department orbargaining unit or department and bargaining unit, as the casemay be, and such list shall be provided within twenty-four hoursof service of the notice.

(3) Any employer who fails to comply with a requestmade pursuant to subsection (2) shall $e guilty of an offence andshall be liable on summary conviction before a ResidentMagistrate to a fine not exceeding fifty thousand dollars.31.+1) N o party to an industrial dispute shall continue ortake industrial action while proceedings, whether by way of

appeal or otherwise, relating to any award, order, requirement ordecision of the Tribunal are pending before any Court in theexercise of its civil jurisdiction.


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LABOUR RELATIONS AND INDUSTRIAL DISP ZJTES 3 5(2 ) A person w ho c ontravenes this section is guilty ofcontempt of court.

32.-( 1 ) Where it appears to the Minister- Protuhirionaf Indusmal( a ) that any industrial action is threatened or taken ~ ~ ~ 1 ~ 1 ~(whether in conformity with the Act or otherwise); and thc nxioi idl( h ) that such industrial action is, or (as the case may b e) is - 1986likely to be-

inrcrc\rs -

(i) grav ely injurious to the national economy. toimperil national securitv or to create a seriousrisk of public disorder. or(ii) to endange r the lives of a substantial number ofpersons or espose a substantial number ofpersons to serious risk of disease or personal

in juq .the Minister may apply to the Supreme Court ex yi7rte for anorder restraining the parties from commencing or fromcontinuins the industrial action: and the Court mav make suchorder thereon as it considers tit having regard to the nationalinterest .(2) Where the Supreme Cour t makes an order undersubsection ( I ) then the parties specitied in the order shall be

bound thereby and shall thereupon refiain from or discontinuethe industrial action.(3) An order made under subsect ion ( I ) may bepublished in the prescribed manner and the publication shall,without prejudice t o any other form of service, be deeme d to be

service of notice thereof on all parties specified in the ord er andall persons threatening or engaged in the industrial ac tion.(4) For the purposes of this section, subsections (SB) and(SC) of section 12 shall apply, ntritcrtis niritcrrrcji.~,n l ike manner

as they ap ply in relation to the provisions of section 12.


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36

7 1986

7 1986S. 8 (h).s. x (a.

FIRST SCHEDULEWater sen icesElcctricit? scn icc sHealth sen ice sHospital seniccsSanit'aq seniccsFire Eyliting senicesConcdiond senice so\ rseas telecoiiiiiiunicatiori sc ni ce sSen ices connected with the loahng m d un1o;idiiig of ships ;ind with tlicstorage and delivery of goods at. or from. docks. \vhiincs ;ind \varclioiiscsoperated in connection \vith docks or \\-li;m.cs.Senices connected \\it11 oil refining and with tlic laiding. distribiilion.transportation or retailing of petroleum f k l for engines or iiiotor whiclcs oraircraft.Civil Aviation senice s.

SECOND SCHEDULE (Scction 7 )ConstitutionofthzTribunal.

1. ( 1) The Tribunal shall consist of-

(0) a chairman 'and two deputy chainiien. J I of \ ~ I I O I I I sliiill bcappointed b\- the Mnister. after consultation with 0rgiiniYi;ltionsrepresenting employers and O ~ ~ ~ I U Z I I ~ O I I Sepresenting vorkcrs.and shall be persons appearing to the Minister to 1m.e sufficientkno\vledge of. or esperience in relation to. labour relations: and13 ZOO2s. o .

(b) not less than ttvo members appo inted by the M inister froni a PiiIKlsupplied to him by org an iatio ns representing emp loyers 'and iiI\equal number ofmembers appoin ted by him from a panel suppliedto him by organ izations representing workers: and

(c) such special members as may for the time being be appointedunder section 10 of the Act for the purposes of any industrialdsp ute referred to the T ribunal under that section.(2 ) Lf no panel for the purposes of subparagraph ( I ) (b) is supplied tothe Muuster in response to an inlitation to organizations representingemployers or to organizations representing workers so to do. the Ministerma?. in lieu of the panel whch should haye been supplied to him for thosepurposes. constitute a panel in such manner and consisting of such persons ashe t h i n ks fit.

[The IIC~IIZI~~II c f h s i f c IS .iiitliorizcd b L Y SS NO.:]


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LABOUR REL,AT!ONS A ND INDUSTRIA L DI,s'PUTES 37

(3 ) W henever the W s t e r W s t necessary to increase the numberof memb ers of the Tribunal temporarily by reason of the fact that the numberof industrial dspu tes w hc h have been referred to the T ribunal is. for the timebeing. too large for the existing members to settle expeditiously. he mayappoint such number of additional members, for such period. as he thinksnecessary for the purpose of dealing with the temporary increase in the workof the Tribunal.

(4 ) The members of the Tribunal shall be appointed by the%hnistcrby instrumen t in writing.( 5 ) Subject to the provisions of this Schedule the membcrs of theTribunal referred to in sub-paragraph (1) (a )and ( h ) shall hold office for suchperiod, not exceeding five years: as the Minister may determine, and suchmembers shall be eligible for reappointment, and the additional mcmbcrsreferred to in sub-paragraph (3 ) shall hold office until the Ministcr rcvokcs

their appointments.2 . ( 1 ) If the ch;urman of the T ribunal is absent or unable to act, one of A&ng

the deputy chamnen thereunto authorizcd by the Ministcr shall cxcrcisc thc appoint-functions of the c h r m a n . ments.(2 ) If a deputy c h r m a n of the Tribunal is absent or unable to act, or isperforming the h c t i o n s of the chairman undcr sub-paragraph (1). thcMinister may appoint a pcrson to act temporarily in the placc of thdt dcputychairman.(3) If any other mcmbcr of thc Tribunal is abscnt or unablc to act, thcMinister may appoint a person to act tcmporarily in the placc of that mcm bcr.(4) The M inister shall, in appointing any pcrson to act pursuant to sub-paragraph (2 ) or sub-paragraph ( 3 ) , selcct that pcrson from thc category ofpersons from which the deputy chairman or other mcmb cr in whosc placc hc

is to act was appointed.3 . ( 1 ) Any member of the Tribunal, othcr than the chairman, may at any I


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lillitig o l S. If any vacancy occurs in thc rncrnbcrship of thc T ribunal such vacancyshall bc fillcd by lhc appoinlrncnt of anothcr mcmber in thc man ner in which.and from llic catcgory of pcrson s from which. thc prcvious incm bcr wa sappointcd. and tlic mernbcr so appointed shall. subjccl to thc provisions ofthis Schcdulc. hold off~cc or tlic rcmaindcr of lhc pcriod for which lhcprcvious inciiibcr was appoinlcd.

\'A!;l IlCIcs.

(iiixttiiig 01' 6. TIic naincs of a11 mcmbcrs oTllic Tribunal a s firs1cons tilutcd, and cvcrycliangc in thc mcmbcrsliip thcrcof. including lhc appointmcnt of spccialiiicnibcrs. shall bc publislicd in thc (;nzrffe.appoititmcnls.

o"iccrs 7. Tlic Minislcr shall makc such amngcmcnls in rclalion 10 Ihc provisionand rciiiuricration ofolliccrs lnd scwilnls of lhc Tribunal a s may from liinc totinic bc ncccssac.

scrvmi l s .

THIRD SCHEDULE (Section 17)Sunmons to witness

To: (name of person sum moned and his calling and address, if known)Yo u are hereby summoned to appear before the Industrial DisputesTribunal (or. as the case may be. a Board of Inquiry) at (place) o'clockpon tlie day of .19 . tand give evidence respecting (state the matterwhich has been referred to the Tribunal or the Board. as the case may be).And you are required to bring with you (specify the papers. books. recordsand documents required).

(If the person summoned is to produce any documents. add):

There fore fail not at your p eril.Given under the hand of chairman or deputychairman of the Tribunal (or the Board. s the case m a y be ) thisday of .I 9 .

[Tlre I I I C I I I B I I ~ I I o f t h i s page IS autliorizcd by L N 88/2001]


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FOLXTH SCHEDLZE (Section 21)I1 krr q f . 4 rraclrnrerirIn the Resident Xlagistrate'sCourt for the parish ofHolden at on 19 .To the Bailiff of the Resident Magistrate's Court for the parish of

.kD to the Keepe r of the h s o n .[Vhereas b> - n ord er made by me in thls Court on19be attached for (disobeying the Industrial Disputes Tribunal. or for doing anact referred to in subsection ( 2 ) of section 18 of the Labour Relations andIndustrial Disputes Act. namely (specifi-ing he act). as the case may be):I command you the said Bailiff to arrest and apprehend the saidand hun safely to conve>- oPrison and to deli\.er him to the Keeper of the

and h m safelj- to keep in the said prison until the

. it was ordered that (name)

said priso n AND >-ou he said Keeper to receive the saidfurther order of this Court. Signature of Resident A\ Jagistrate.

FIFTH SCHEDULE (Sections 5B and 28) 13 2002s . 21 .

Air transport se nic es for the carriage of passengers. baggage. mail or cargodestined to or from or withm Jamaica:Banana senicesAny bus iness whose m ain function consists of-

the issue and redemption of curr en q:the issue and redem ption of Governm ent Secu rities and the trading insuch securities:management of the official re se ne s of the Island:administration of exchange control; andproviding banking sen ices to the Government.

Banking sen icesBausite and alumina senic esMarine senic esPublic passenger transport senicesSugar and its by-products servicesTelephone senicesTourism services,

The Laboour Relations and Industrial Disputes Act Revised 2002 9 Apr. 08

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Transcript of The Laboour Relations and Industrial Disputes Act Revised 2002 9 Apr. 08