Career Advice

The Labour Act allows for the apprehension of industrial disputes and sets out procedures for resolution of such disputes including arbitration.  Section 153 encourages the parties to negotiate in good faith to reach a settlement using their own procedures agreed upon in CBAs or contracts of employment.

If the parties cannot settle within 7 days, either or both parties may refer the dispute to the new 7-person National Labour Commission, whose prime function is to facilitate settlement of industrial disputes. It has drawn up internal rules and procedures for the settlement of labour disputes, and is working on the development and passage of the Legislative Instrument for this. The Commission has recruited arbitrators/mediators and judges and is in the process of training them. At the end of July 2005, the Commission had received a total of 169 complaints from employees, trade unions and employers for settlement. The majority of the complaints (61%) concern dismissals and unfair termination while the others allege non-payment of severance pay, national minimum daily wage and social security contributions among others.

Under section 154, the Commission can encourage the parties to try to settle again, using the services of a Commission-appointed mediator. If at the end of mediation (maximum 3 days) there is no settlement, the mediator declares the dispute unresolved and refers it to the Commission. At that stage, with the consent of the parties, the Commission may refer it to an arbitrator or arbitration panel, which has 7 days to settle it after notification of the hearing to the parties. The decision must be communicated to the parties in writing within 72 hours of being made. Where the dispute remain unsettled at the end of arbitration or the parties refuse to refer to voluntary arbitration, either party may give 7 days notice of intension to strike or lockout (s. 159).  Special procedures for compulsory arbitration apply to essential services (s.162) and industrial action there is prohibited (s. 163). Section 175 defines essential services as “areas in an establishment where an action could result in a particular or total loss of life or pose a danger to public health and safety and such other services as the Minister [for Labour] may by Legislative Instrument determine.” The Commission’s awards in compulsory arbitration cases must be immediately published in the Gazette; they are final and binding, unless challenged, within 7 days, in the Court of Appeal on a point of law (s. 167).

Section 168 protects legal sympathy strikes, subject to certain conditions. It declares no work, no pay for illegal strikers for the period that the worker is engaged in the illegal action, and permits termination (subsection (4)). Section 170 protects against the hiring of replacement labour during a lawful strike, unless for minimum maintenance services at the undertaking. The Commission is authorised to hear disputes over what work amounts to minimum maintenance services. Section 171 protects peaceful picketing.