Industrial and Labour Relations (Amendment) Act, 2008
This provision amends the principal Act by repealing a section/our and substituting new text.
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- Act 8 of 2008
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About this statute
This provision amends the principal Act by repealing a section/our and substituting new text. An employee stops being eligible if they become part of management. Disputes can be referred to the Commissioner, and an aggrieved party may appeal to the Court within 14 days. This amendment changes paragraph (b) so the relevant trade union phrase now refers to a union within the employee’s sector, trade, undertaking, establishment, or industry. This provision changes subsection (3) so the relevant period is one year. The Commissioner must decide registration applications within six months and, if refusing one, must tell the applicant why.
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Provisions of Industrial and Labour Relations (Amendment) Act, 2008
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The principal Act is amended by the repeal of section/our
This provision amends the principal Act by repealing a section/our and substituting new text.
3. The principal Act is amended by the repeal of section/our and the substitution therefor of the following: - 4 Verify source ↗
( 1) An employee shall cease to be an eligible
An employee stops being eligible if they become part of management. Disputes can be referred to the Commissioner, and an aggrieved party may appeal to the Court within 14 days.
4. ( 1) An employee shall cease to be an eligible employee if the employee becomes a member of management. (2) Where there is a disagreement as to whether or not an employee is a member of management, either party to the disagreement may refer the matter to the Commissioner for determination. (3) Any party aggrieved by the decision of the Commissioner, may, within fourteen days of such decision, appeal to the Court. Repeal and replacement of section 4 When employee ceases to be eligible employee - 4 Verify source ↗
Sectionfive of the principal Act is amended in paragraph (b)
This amendment changes paragraph (b) so the relevant trade union phrase now refers to a union within the employee’s sector, trade, undertaking, establishment, or industry.
4. Sectionfive of the principal Act is amended in paragraph (b) by the deletion of the words" a trade union of the employee's choice " and the substitution therefor of the words" a trade union within the sector, trade, undertaking establishment or industry in which that employee is engaged" - 5 Verify source ↗
Section seven of the principal Act is amended in subsection
This provision changes subsection (3) so the relevant period is one year.
5. Section seven of the principal Act is amended in subsection (3) by the deletion of the words ·' for such period as may be determined by the Court" and the substitution therefor of the words " for a period of one year., - 6 Verify source ↗
Section nine of the principal Act is amended
The Commissioner must decide registration applications within six months and, if refusing one, must tell the applicant why.
6. Section nine of the principal Act is amended- (a) in subsection (3) by the insertion immediately after the words·' the Commissioner shall " of the words ·' within a period of six months from the date of the application for registration, "; {b) in subsection (5) by- (i) the deletion of the word " or " at the end of paragraph (a); Amendment o f section 5 Amendment of section 7 A nendment of section 9 164 No. 8 of 2008) Industrial and Labour Relations (ii) the deletion of the full stop atthe end of paragraph (b) and the substitution therefor of a semi-colon and the word ·'or" ; and (iii) the insertion immediately after subsection (b) of the following new paragraph: (c) if- (i) (ii) the registration will be prejudicial to. national security; or the objects of the trade union are contrary to the purposes for which the trade union was formed.; and ( (c) by the insertion immediately after subsection (5) of the following new subsection: (6) The Commissioner shall, where the Commissioner rejects an application under subsection (5), inform the applicant of the reasons therefor. - 7 Verify source ↗
Section thirteen of the principal Act is amended in subsection
This section amends subsection (1) of section thirteen by changing "thirty days" to "ninety days".
7. Section thirteen of the principal Act is amended in subsection ( 1) by the deletion of the words" thirty days" and the substitution therefor of the words" ninety days". - 8 Verify source ↗
Section sixteen of the principal Act is amended in subsection
The Commissioner must notify the national centre of a liquidator’s appointment within 30 days.
8. Section sixteen of the principal Act is amended in subsection (5)- (a) by the insertion immediately after paragraph (a) of the following new paragraph: (b) the Commissioner shall, within thirty days of the appointment of a liquidator under paragraph ( a), notify the national centre to which the trade union is affiliated, of the appointment of the liquidator; and; and (b) by the renumbering of paragraph (b) as paragraph (c). - 9 Verify source ↗
Section eighteen of the principal Act is amended in subsection
This provision amends section 18 by adding a new paragraph about an officer of a trade union or trade union secretariat who is not employed outside that union or secretariat.
9. Section eighteen of the principal Act is amended in subsection (I) by- (a) the deletion of the word·' or" at the end of the paragraph (e); (b) the deletion of the full stop at the end of paragraph (f) and the substitution therefor of a semicolon and the word "or"; and (c) the insertion immediately after paragraph (g) of the following new paragraph: (h) is an officer of a trade union or trade union secretariat who is not employed oustide the trade Amendment of section 13 Amendment ofsection 16 Amendment of section I 8 Industrial and Labour Relations [No. 8 of 2008 165 union or trade union secretariat. - 10 Verify source ↗
Section twenty-one of the principal Act is amended
The Commissioner must appoint an independent auditor if there are reasonable grounds to believe a trade union’s funds were misused, and later may have to recommend suspension, an interim committee, or removal/dissolution steps depending on the auditor’s findings.
10. Section twenty-one of the principal Act is amended- (a) by the insertion immediately after subsection (2) of the following new subsections: Amendment o f section 21 (3) The Commissioner shall, where the Commissioner has reasonable grounds to believe that the officers ofa trade union have misused, misapplied or misappropriated the funds of the trade union or used the funds for purposes contrary to the objects of the constitution of the trade union, appoint an independent auditor to audit the books of account of the trade union. ( 4) The auditor appointed under subsection (3)- (a) shall conduct a preliminary investigation into the books of account of the trade union; and {b) may for purposes of auditing the books of account of a trade union, recommend to the Commissioner that the officers of the trade union be suspended. (5) The Commissioner shall, where the auditor makes a recommendation under paragraph (b) of section ( 4 )- (a) recommend the suspension of a trade union member or executive boar-i, as the case may be, to the Tripar'.ite Consultative Labour Council constituted under section seventy-nine; (b) request the membership to nominate from amongst themselves the members to constitute an interim committee of the trade union; and (c) appoint from among the nominations submitted under paragraph (b ), an interim committee to oversee the operations of the trade union. (6) Where the report of an auditor appointed under subsection (3) establishes that the officers of a trade union have misused, misapplied or 166 No. 8 of 2008] Industrial and Labour Relations Amendment of section 34 Amendment o f section 63 Amendment of section 64 misappropriated the funds or used the funds for purposes contrary to the objects of the constitution of the trade union, the Commissioner shall recommend the removal of a trade union member or dissolution of the Board, as the case may be, to the Tripartite Consultative Labour Council constituted under section seventy-nine; (b) in subsection (3), by the deletion of the words " two hundred" and the substitution therefor of the words " two hundred thousand"; and (c) by the renumbering of subsection (3) as subsection (7). - 11 Verify source ↗
Section thirty-four of the principal Act is amended in
This provision amends section 34(4) of the principal Act by replacing the word “Minister” with “Commissioner”.
11. Section thirty-four of the principal Act is amended in subsection ( 4) by the deletion of the word "Minister" and the substitution therefor of the word " Commissioner" . - 12 Verify source ↗
Section sixty-three of the principal Act is amended in
Section 63(3) is amended by replacing the words "two hundred" with "one hundred thousand".
12. Section sixty-three of the principal Act is amended in subsection (3) by the deletion of the words " two hundred" and the substitution therefor of the words "one hundred thousand". - 13 Verify source ↗
Section sixty-four of the principal Act is amended
This section amends section 64 and creates an offence for an employer who contravenes subsection (1) or (2).
13. Section sixty-four of the principal Act is amended- (a) in subsection ( l) by the insertion of the words " at sector, trade, undertaking, establishment or industry level as the case may be" after the words " recognition agreement"; and (b) by the insertion immediately after subsection (5) of the following new subsection: (6) An employer who contravenes subsection (1) or (2), commits an offence and is liable, upon conviction, to a fine not exceeding twenty-seven thousand eight hundred penalty units or to imprisonment for a term not exceeding two years, or to both. Amendment of section 65 - 14 Verify source ↗
Section sixty-five of the principal Act is amended in paragraph
This provision amends section 65 by inserting the word “a” after “trade union as” in paragraph (a) of subsection (1), and notes the insertion of a new section 65A.
14. Section sixty-five of the principal Act is amended in paragraph ( a) of subsection ( 1) by the insertion of the word '· a " after the words '·trade union as". Insertio n o f new section 65A - 15 Verify source ↗
The principal Act is amended by the insertion immediately
This provision inserts a new section after section 65 titled “Termination of recognition agreement.”
15. The principal Act is amended by the insertion immediately after section sixty-five of the following new section: lndi1strial and Labour Relations [No. 8 of 2008 167 Termination of recognition agreement - 65A Verify source ↗
(1) A party to a recognition agreement may apply
A party to a recognition agreement may apply to the Commissioner to end the agreement, and the Commissioner must notify the other party, set a hearing date, and then may approve or reject the application.
65A. (1) A party to a recognition agreement may apply to the Commissioner for the termination of the recognition agreement, stating the reasons therefor. (2) The Commissioner shall, where the Commissioner receives an application under subsection (1 ), inform the other party to the recognition agreement in respect of which the application is made and set a date on which the application shall be heard. (3) The Commissioner may, where the Commissioner hears the parties pursuant to subsection (2)- (a) approve the termination of the agreement; or (b) reject the application and g ive the applicant the reasons therefor. - 16 Verify source ↗
Section sixty-nine of the principal Act is amended
The most representative trade union must ensure minority trade unions can participate in the sector, trade, undertaking, establishment, or industry by forming an alliance with them.
16. Section sixty-nine of the principal Act is amended paragraph (a) of subsection (I) by- in Amendment of section 69 (a). the deletion of the semi colon at the end of that paragraph and the substitution therefor of a colon; and (b) the insertion immediately after the colon of the following new proviso: Provided that the most representative trade union shall ensure the participation of any minority trade unions in the sector, trade, undertaking, establishment or industry by forming an alliance with the minority trade unions led by the most representative trade union. - 17 Verify source ↗
Section seventy-six of the principal Act is amended
A conciliator or board of conciliators appointed under this section must conclude a dispute within 30 days of appointment.
17. Section seventy-six of the principal Act is amended- (a) by the insertion immediately after subsection (5) of the Amendment of section 76 following new subsections: (6) A conciliator or board of conciliators appointed under this section shall conclude a dispute within thirty days from the date of the appointment. (7) Where a conciliator or board of conciliators fails to settle a dispute within the period stipulated in subsection (6), the settlement of the dispute shall be deemed to have failed and section seventy-eight shall apply.; and {b) by the renumbering of subsections (6) and (7) as (8) and (9) respectively. 168 No. 8 of 2008] Industrial and Labour Relations Amendment of section 78 - 18 Verify source ↗
Section seventy-eight of the principal Act is amended
This provision amends section 78 of the principal Act by changing wording about the parties, arbitration, and the time for unresolved disputes to go to court.
18. Section seventy-eight of the principal Act is amended ( a) in subsection (1 ) - (i) by the deletion of the words" the parties" and the substitution therefor of the words "either party"; (ii) by the deletion of the word 'or" in paragraph J (a); Act No. 19 of2000 ( iii) by the deletion of the full stop at the end of paragraph (b) and the substitution therefor of a semi-colon and the word "or"; and (iv) by the insertion immediately after paragraph (b) of the following new paragraph: (c) refer it to arbitration and the provisions of the Arbitration Act shall apply accordingly.; (b) in subsection (4), by the deletion of the words " may continue for an indefinite period during which the dispute remains unresolved" and the substitution therefor of the words" shall continue for a period of fourteen days after which the dispute shall if it remains unresolved, be referred to the Court"; and (c) in subsection (5), by the inse1tion of the words "or after" after the word "before". Amendment of section 85 - 19 Verify source ↗
Section eighty-jive of the principal Act is amended by the
The Court must not consider a complaint or application unless it is filed within the stated time limits, may extend that period on application, and must dispose of the matter within one year after filing.
19. Section eighty-jive of the principal Act is amended by the deletion of subsection (3) and the substitution therefor of the following: (3) The Court shall not consider a complaint or an application unless the complainant or applicant presents the complaint or application to the Court- ( a) within ninety days of exhausting the administrative channels available to the complainant or applicant; or (b) where there are no administrative channels available to the complainant or applicant, within ninety days of the occurrence of the event which gave rise to the complaint or application: Provided that- (i) upon application by the complainant Ol applicant, the Court may extend the period in which the complaint or application may be presented before it; and Industrial and Labour Relations [No. 8 of 2008 169 (ii) the Court shall dispose of the matter within a period of one year from the day on which the complaint or application is presented to it." - 20 Verify source ↗
Section eighty-six of the principal Act is amended in
This section replaces part of section 86 so that the rule states there may be no more than ten members appointed by the Judicial Service Commission.
20. Section eighty-six of the principal Act is amended in subsection (l) by the deletion of paragraph (c) and the substitution therefor of the following paragraph: Amendment of section 86 (c) not more than ten members appointed by the Judicial Service Commission. - 21 Verify source ↗
Section one hundred and/our of the principal Act is amended
This amendment replaces the words “four hundred” with “two hundred thousand” in section 104 of the principal Act.
21. Section one hundred and/our of the principal Act is amended by the deletion of the words '· four hundred" and the substitution therefor of the words "two hundred thousand". Amendment of section 104 170 •
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