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[F.A.Q.]
Kiribati Consolidated Legislation |
(Repealed by the Industrial Relations Code 1998)
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1977
CHAPTER 45
ARRANGEMENT OF SECTIONS
PART
I
PRELIMINARY
1. Short
title
2. Interpretation
PART
II
PROCEDURE FOR
SETTLEMENT OF DISPUTES
3. Reporting of trade
disputes
4. Powers of Minister on
report of trade dispute
5. Further
action by Minister
PART
III
CONCILIATION,
ARBITRATION, SETTLEMENT AND INQUIRY IN TRADE DISPUTES
6.
Conciliation
7. Arbitration
tribunals
8. Procedure of
tribunals
9. Awards to be final and
binding
10. Tribunal's award not to
conflict with any law
11. Publication
of award
12. Interpretation of
awards
13. Boards of
inquiry
14. Incomes
Commission
15. Constitution of Incomes
Commission
16. Appointments to be
final
17. Regulation of
proceedings
18. Duties in relation to
trade disputes
19.
Evidence
20. Representation of
parties
21. Sittings may be in public
or private
PART
IV
ADHERENCE TO
AGREEMENTS AND AWARDS
22. Strike, lock-out or
boycott unlawful where procedures are not
exhausted
23. Strike, lock-out or
boycott where award or agreement still in
force
24. Effective date of
orders
25. Offences where strike,
lock-out or boycott unlawful
26. Legal
presumptions
27. Prohibition of
expulsion of members
PART
V
PROTECTION OF
ESSENTIAL SERVICES, LIFE AND PROPERTY
28.
Interpretation
29. Breach and
procurement of breach of contract by employee an
offence
30. Breach of employee's
contract not unlawful in certain
circumstances
31. Printed copy of
sections 29, 30 and Schedule to be displayed by
employer
32. Protection of life and
property
33. Minister may amend
Schedule
PART
VI
STRIKE
BALLOTS
34. Strike
ballots
PART
VII
MISCELLANEOUS
35. Certain immunities not
affected
36. Conclusion of collective
agreements not affected
37. Liability
of persons appointed under Code
38.
Remuneration and expenses
39.
Regulations
40. Consent of
Attorney-General required for
prosecutions
SCHEDULE
---------------------------------------
An
Ordinance to make provision for the settlement of trade disputes and the
regulation of industrial relations, to consolidate and
amend the law relating to
essential services, and for matters incidental thereto and connected
therewith
33
of
1974
L.N.37/75
26
of 1977
Commencement:
1st January 1975
L.N.45/74
PART
I
PRELIMINARY
Short
title
1.
This Ordinance (hereinafter referred to as this Code) may be cited as the
Industrial Relations
Code.
Interpretation
2.
In this Code unless the context otherwise requires-
"board" means a board of inquiry appointed under section 13;
"boycott" means the combining of persons in systematically refusing to hold or abstaining from holding relations or dealings of any kind whatsoever with any person on account of differences with such other person so as to punish him for the position he has assumed or to coerce him into abandoning that position;
"Commission" means the Incomes Commission established under section 14;
"employee" means any person who has entered into or works under a contract of service with an employer whether express or implied, whether entered into orally or in writing and whether it is a contract of service, apprenticeship or learnership or a contract personally to execute any work or labour;
"employer" means any person who has entered into a contract of service to employ any person and includes the Government;
"essential service" means any service, by whomsoever rendered and whether rendered to the Government or any other person, specified in the Schedule;
"lock-out" means the closing of a place of employment or the suspension of work or the refusal of an employer to continue to employ any number of persons employed by him done not with the intention of finally determining employment but with a view to compelling or influencing those persons, or to aid another employer in compelling or influencing persons employed by him, to do or to refrain from doing anything;
"organisation" means a trade union or other association representative of employees or employers, as the case may be;
"strike" means the cessation of work by a body of employees acting in combination, or a concerted refusal or a refusal under a common understanding of any number of employees to continue to work for an employer or to undertake particular work, done as means of compelling or influencing their employer or any employee or body of employees, or to aid other employees in compelling or influencing their employer or any employee or body of employees, to do or to refrain from doing anything and includes any interruption or slowing down of work by any number of employees acting in concert or under a common understanding (including any action commonly known as a "sit down strike" or a "go slow");
"trade dispute" means any dispute or difference whether existing or apprehended between employers and employees or between employees and employees connected with the employment or non-employment or with the terms or conditions of or affecting the employment or with the conditions of labour of any person and includes disputes regarding the dismissal or suspension of employees, allocation of work or recognition of agreements:
Provided that it shall not include any dispute or difference implicating-
(a) members of the armed forces of the Crown;
(b) members of the Gilbert Islands Police;
(c) prison officers;
(d) members of any disciplined body or organisation analogous to those specified in paragraphs (a) and (b) designated by notice by the Governor;
"trade union" means a trade union registered under the Trade Unions Ordinance;
"tribunal" means an arbitration tribunal appointed under section 7;
"unlawful" means, with reference to a strike, lock-out or boycott, declared unlawful by this Code or by the Minister thereunder.
PART
II
PROCEDURE FOR
SETTLEMENT OF DISPUTES
Reporting
of trade
disputes
3.
(1) Any trade dispute may be reported to the Minister by or on behalf of any
party to the dispute.
(2) A report
of a trade dispute under this section shall be in writing addressed to the
Minister and shall set out in full the matters
in issue between the parties to
the dispute and the steps which have been taken by the parties to obtain a
settlement through any
machinery for the settlement of trade disputes which may
exist otherwise than by virtue of this
Code.
(3) Where the Minister is of
the opinion that a report of a trade dispute does not contain sufficient
particulars of the matters required
to be set out by subsection (2) he may
require further written particulars to be given him and in that case the report
shall not
be deemed to have been made in accordance with this section until the
Minister is satisfied that the particulars so required have
been
given.
(4) Every person reporting
a trade dispute or giving further written particulars to the Minister under this
section shall forthwith
give by hand or send by registered post a true copy of
the report thereof or of the written particulars to each of the other parties
to
the dispute.
(5) The Minister may
by notice appoint persons to receive reports of trade disputes and further
written particulars under this section
on his behalf and every such person on
receipt of such a report or such particulars shall forthwith transmit the
contents thereof
to the Minister by such means as he thinks most
expeditious.
Powers
of Minister on report of trade
dispute
4.
(1) The Minister shall consider every trade dispute of which a report has been
made to him in accordance with section 3 and may take
any one or more of the
following steps as seem to him most expedient for promoting a settlement of the
dispute:
(a) where he is of the opinion that any appropriate machinery for the settlement of trade disputes which may exist otherwise than by virtue of this Code has not been made use or sufficient use of by the parties to the dispute, refer the dispute back to the parties for negotiation or further negotiation and settlement through that machinery;
(b) in any event refer the dispute back to the parties and if he thinks fit make proposals to the parties or to any of them upon which a settlement of the dispute may be negotiated by them;
(c) endeavour to conciliate the parties under section 6;
(d) refer the dispute to an arbitration tribunal under section 7;
(e) refer the dispute to a board of inquiry under section 13;
(f) refer the dispute to the Incomes Commission under section 14.
(2)
A decision of the Minister under subsection (1) shall be recorded in writing and
shall as soon as practicable be communicated
in writing by hand or by registered
post to the parties to the dispute or to their
representatives.
(3) Where a trade
or other dispute has been reported to the Minister in compliance or purported
compliance with section 3 and the
Minister is of the opinion that the matters or
some of the matters in issue do not constitute or form part of a trade dispute
that
opinion shall be recorded in writing and communicated in accordance with
subsection
(2).
Further
action by
Minister
5.
(1) Where the Minister has taken a step under section 4 (1) and is informed in
writing by any party to the dispute or, where a step
has been taken under
section 4 (1)
(c),
by the conciliator or chairman of the conciliation panel that settlement of the
dispute has not thereby been effected he may within
7 days of being so informed
inform the parties or their representatives that he intends to take a further
step under section 4 (1).
(2)
Where the Minister does not inform the parties or their representatives in
accordance with subsection (1) that he intends to take
a further step under
section 4 (1) or where having done so he does not take that step the procedures
prescribed by this Code for
the settlement of trade disputes shall be deemed to
be exhausted.
(3) The Minister may
by notice appoint persons who may be informed under this section on his behalf
that settlements of disputes have
not been effected and every such person on
being so informed shall forthwith transmit that information to the Minister by
such means
as he thinks most
expeditious.
(4) Notwithstanding
that a trade dispute has not been reported to him under section 3, the Minister
may refer a trade dispute to a
tribunal or the Commission under section 7 or 14
as if it had been so reported and whether or not the parties to the dispute
thereto
consent where he is satisfied that the dispute has jeopardised or may
jeopardise the essentials of life or the livelihood of the
inhabitants of the
Gilbert Islands or a significant section thereof or may endanger the public
safety or the life of the community.
PART
III
CONCILIATION,
ARBITRATION, SETTLEMENT AND INQUIRY IN TRADE DISPUTES
Conciliation
6.
(1) For promoting a settlement of a trade dispute reported to him in accordance
with section 3 the Minister may endeavour to conciliate
the parties to the
dispute by taking any one or more of the following steps-
(a) appoint a person, who may be a public officer or any other person the Minister considers suitable, to act as a conciliator;
(b) appoint a conciliation panel consisting of an independent chairman, who may be a public officer or any other person the Minister considers suitable, one or more persons representative of employers and an equal number of persons representative of employees;
(c) with the consent of the parties appoint in accordance with their wishes a conciliation panel consisting of a chairman and other members;
(d) by order determine or suspend the operation of any of the aforesaid conciliation measures.
(2)
A person appointed under this section to act as a sole conciliator or as
chairman of a conciliation panel shall inquire into the
causes and circumstances
of the trade dispute by communication with the parties thereto and shall
endeavour to bring about a settlement
of the dispute and shall report the
outcome to the Minister.
(3) The
terms of every settlement of a trade dispute effected under this section shall
be set out in writing, shall be signed by or
on behalf of the parties to the
dispute and, where appropriate, by the conciliator or the chairman of the
conciliation panel and
a true copy of the text signed as aforesaid, shall be
lodged with the Commissioner of
Labour.
Arbitration
tribunals
7.
For promoting a settlement of a trade dispute reported to him in accordance with
section 3 the Minister may refer the dispute to
an arbitration tribunal
appointed by him which shall consist of-
(a) a sole arbitrator;
(b) an arbitrator assisted by one or more assessors nominated by or on behalf of the employers concerned and an equal number of assessors nominated by or on behalf of the employees concerned or where there is a trade union by the trade union; or
(c) one or more arbitrators selected by the Minister from a panel nominated by or on behalf of the employers concerned and an equal number of arbitrators selected by the Minister from a panel nominated by or on behalf of the employees concerned or where there is a trade union by the trade union and an independent chairman.
Procedure
of
tribunals
8.
(1) Where a tribunal is constituted in accordance with section 7
(b)
any award of the tribunal shall be made and issued by the arbitrator alone and
where a tribunal is constituted in accordance with
section 7
(c)
any award shall be made by all the members if they are in agreement and
otherwise by the chairman
alone.
(2) Where a tribunal is
constituted in accordance with section 7
(b)
or
(c)
and a vacancy occurs in the membership thereof the tribunal may with the consent
of the parties to the dispute act notwithstanding
the vacancy or the Minister
may appoint another person to fill the vacancy in accordance with section
7.
(3) No act, proceeding or
determination of a tribunal shall be called in question or invalidated by reason
of a vacancy in its
membership.
Awards
to be final and
binding
9.
(1) Every award of a tribunal in relation to a trade dispute shall be final and
shall not be liable to be challenged, reviewed, questioned
or called in question
in any court save on the ground of lack of
jurisdiction.
(2) Any award of a
tribunal in relation to a trade dispute may be made so as to have retrospective
effect.
(3) Every award of a
tribunal in relation to a trade dispute shall be binding on the employers and
employees to whom the same relates
and, as from the date of publication of such
award or, where the award is made retrospective, from the date specified
therein, it
shall be an implied term of the contract between the employers and
employees to whom the award relates that the rate of wages to
be paid and the
conditions of employment to be observed under the contract shall be in
accordance with such award until varied by
a subsequent award or by
agreement.
Tribunal's
award not to conflict with any
law
10.
Where any trade dispute referred to a tribunal involves questions as to wages,
hours of work or otherwise as to the terms or conditions
of or affecting
employment which are regulated by or under any written law other than this Code
the tribunal shall not make any award
inconsistent with that written law or
which is less favourable to employees than any material award or order made in
pursuance
thereof.
Publication
of
award
11.
An award of a tribunal shall be transmitted in writing to all parties concerned
in the arbitration proceedings to the Commissioner
of Labour and to the Minister
who shall as soon as practicable cause the award to be published in such manner
as he thinks
fit.
Interpretation
of
award
12.
If any question arises as to the interpretation of any award of a tribunal the
Minister or any party to the original dispute may
apply to the tribunal for a
decision on the question and the tribunal shall decide the matter after hearing
the parties or without
such hearing if the consent of the parties thereto has
first been obtained and the determination of the tribunal shall be notified
to
the parties, to the Commissioner of Labour and to the Minister and shall be
deemed to form part of and shall have the same effect
in all respects as the
original
award.
Boards
of
Inquiry
13.
(1) The Minister may at any time order an inquiry into the causes and
circumstances of a trade dispute by a board of inquiry and,
without prejudice to
the generality of the foregoing, may for promoting a settlement of a trade
dispute reported to him in accordance
with section 3 refer the dispute to such a
board.
(2) A board of inquiry
shall consist of a chairman and such number of other members as the Minister may
determine or if he thinks
fit of one person alone all of whom shall be appointed
by the Minister:
Provided that
where the Minister appoints members representing the interests of employers he
shall appoint an equal number of members
representing the interests of employees
and vice versa.
(3) A report of a
board and any minority report shall be submitted in writing to the
Minister.
(4) The Minister may
cause to be published in such manner as he may think fit any information
obtained or conclusions arrived at by
a board as a result or in the course of an
inquiry:
Provided that there shall
not be included in any report or publication made or authorised by a board or
the Minister any information
obtained by the board in the course of the inquiry
as to any individual business, organisation or other concern whatsoever which
is
not available otherwise than through evidence given at the inquiry except with
the consent of the secretary of the organisation
or of the person or other body
in question nor shall any person concerned in the inquiry disclose any such
information without such
consent.
(5) Any person who prints
or publishes any information or who discloses any information in contravention
of subsection (4) shall be
liable to a fine of $500 and to imprisonment for 6
months.
Incomes
Commission
14.
The Minister may by order establish an Incomes Commission to whom he may refer
for consideration all matters relating to levels of
minimum wages, incomes,
other remuneration, benefits or wage differentials or any other matter connected
with any trade, industry,
undertaking, public service or statutory body or any
combination thereof which in the opinion of the Minister it is desirable for
the
Commission to consider including any trade dispute reported to him in accordance
with section 3 in order to promote a settlement
thereof.
Constitution
of Incomes
Commission
15.
(1) The members of the Commission shall be appointed by the Minister and shall
comprise-
(a) an independent chairman; and
(b) equal numbers of persons representing the interests of employers and employees respectively.
(2)
The Minister may at any time revoke the appointment of any member of the
Commission so long as the numbers of members representing
the interests of
employers and employees respectively remain
equal.
(3) Where the Minister is
of the opinion that the membership specified in subsection (1)
(b)
is inappropriate for the consideration of a particular matter he shall appoint
thereunder alternate members whom he considers suitable
to consider the matter
and their membership shall lapse so soon as their deliberation of the matter is
concluded.
Appointments
to be
final
16.
(1) Every appointment made by the Minister to a board or tribunal shall be final
and shall not be questioned by any party to the
trade dispute in
question.
(2) Every appointment
arising from a trade dispute made to the Commission by the Minister after
consultation with the parties concerned
shall be final and shall not be
questioned by any party to the
dispute.
Regulation
of
proceedings
17.
Save as is expressly provided for in this Code or in any regulations made
thereunder a tribunal, board or the Commission shall have
all the powers of
commissioners acting under the Commissions of Inquiry Ordinance and may regulate
the procedure in any proceedings
under this Code as he or it shall think
fit.
Cap. 10
Duties
in relation to trade
disputes
18.
All parties to a trade dispute and every person appointed under this Part shall
where appropriate take into account in considering
any proposed settlement,
award or recommendation in respect of the dispute-
(a) the public interest;
(b) the need to maintain existing levels of employment and the desirability of raising those levels;
(c) the desirability of increasing productivity;
(d) the desirability of establishing and maintaining reasonable reward differentials for different skills;
(e) the financial implications of the proposed settlement, award or recommendation if implemented-
(i) on the particular industry concerned;
(ii) on similar or related industries or skills; and
(iii) on the economy of the Gilbert Islands;
(f) the price levels of essential commodities.
Evidence
19.
(1) For the purpose of dealing with any matter referred to it under this Code a
tribunal, board or the Commission may elicit all
such information as in the
circumstances it may consider necessary without being bound by the rules of
evidence in civil or criminal
proceedings and may by order require any
person-
(a) to furnish, in writing or otherwise, such particulars in relation to any matter as may be required;
(b) to appear before it and give evidence on oath or otherwise; and
(c) to produce any material documents as may be required.
(2)
Notwithstanding subsection (1), if any person objects to furnishing any
particulars, answering any question or producing any document
on the ground of
confidentiality or that it will tend to incriminate him or on any other lawful
ground he shall, subject to subsection
(3), not be required to furnish such
particulars, answer such question or produce such document nor shall he be
liable to any penalties
for refusing to do
so.
(3) Where objection is taken
to the production of a document on the ground that the contents thereof are
confidential the tribunal,
board or the Commission may nevertheless by order
require production of the document and consideration of its contents in camera
and shall take all such further steps as may seem necessary and practicable to
preserve the confidential nature of the
document.
(4) A conciliator or
conciliation panel appointed under section 6 may for the purpose of dealing with
a trade dispute referred to
it under this Code by order require any party to the
dispute to appear before it.
(5)
Any person who without reasonable excuse fails to obey any order made under this
section shall be liable to a fine of $50 and
to imprisonment for 3 months and in
any proceedings for an offence under this section the proof of reasonable excuse
shall lie on
the person charged with the
offence.
(6) Any person who being
required by an order under subsection (1)
(a)
or
(b)
to furnish particulars or to give evidence not on oath wilfully furnishes
information or makes a statement which he knows to be false
or does not believe
to be true shall be liable to a fine of $50 and to imprisonment for 3
months.
Representation
of
Parties
20.
(1) In any proceedings under this Code before a tribunal, board or the
Commission a party to those proceedings may-
(a) appear in person; or
(b) be represented by an advocate or as provided by subsection (2).
(2)
A party to proceedings under this Ordinance may with leave of the board,
tribunal or the Commission-
(a) being an organisation, be represented by a member, officer or employee of the organisation; or
(b) not being an organisation, be represented by-
(i) an employee of that party; or
(ii) a member, officer or employee of any organisation of which that party is a member.
Sittings
may be in public or
private
21.
(1) A tribunal, board or the Commission may by order exclude the public and
representatives of the news media from any proceedings
under this Code and
members of the public and such representatives shall forthwith comply with such
an order.
(2) A fair and accurate
report or summary of proceedings before a tribunal, board or the Commission
under this Code at which the public
has been present may be published by any
person.
(3) No comment in respect
of proceedings before a tribunal, board or the Commission under this Code shall
be published until the Minister
has caused the award or the result of the
inquiry, as the case may be, to be
published.
(4) Any person who
contravenes this section shall be liable to a fine of $100 and to imprisonment
for 6 months.
PART
IV
ADHERENCE TO
AGREEMENTS AND AWARDS
Strike,
lock-out or boycott unlawful where procedures are not
exhausted
22.
(1) Subject to subsection (2), a strike,
lock-out or boycott which takes place in furtherance of a trade dispute before
the procedures
prescribed by this Code for the settlement of trade disputes are
exhausted shall be unlawful.
(2) A
strike, lock-out or boycott shall not be unlawful by virtue of this section
if-
(a) 28 days have elapsed since the date on which the report of the trade dispute in furtherance of which the strike, lock-out or boycott has taken place was made to the Minister in accordance with section 3; and
(b) the Minister has taken no step under section 4 (1) or if he has taken such a step his decision has not been communicated to the parties to the dispute or to their representatives in accordance with section 4 (2).
Strike,
lock-out or boycott where award or agreement still in
force
23.
Where it appears to the Minister that
there is an actual, declared or anticipated strike, lock-out or boycott arising
out of a trade
dispute in any undertaking and the Minister is
satisfied-
(a) that the matters to which the trade dispute relates have been settled by an agreement or award; and
(b) that the agreement or award is expressed to have effect until a date which has not been reached,
the
Minister may if he thinks fit take any more or more of the following
steps-
(i) invite the parties to the dispute to show cause as to why they should not comply with that agreement or award until the date on which it will cease to have effect;
(ii) invite the parties to the dispute to comply with that agreement or award;
(iii) by order declare any strike, lock-out or boycott (whether actual, declared or anticipated) arising out of that dispute to be unlawful until a date specified in the order which date shall be no later than any date referred to in paragraph (b).
Effective
date of
orders
24.
(1) Every order made by the Minister under section 23 (iii) shall be published
by exhibition at the Public Office of the Governor
and shall come into operation
on the day next following the day on which it is so published unless otherwise
provided therein.
(2) The Minister
shall as soon as practicable after an order has been published in accordance
with subsection (1) further publish
such order in such manner as he may think
fit for the purpose of bringing its contents to the attention of the persons
affected
thereby.
Offences
where strike, lock-out or boycott
unlawful
25.
(1) Any person who takes part in or acts in furtherance of any unlawful strike,
lock-out or boycott shall be liable to a fine of
$100 and to imprisonment for 6
months.
(2) Any person who in
connection with any unlawful strike, lock-out or boycott causes, procures or
counsels or in any way whatsoever
encourages, persuades or influences others or
solicits, incites or attempts to procure others to take part in any such strike,
lock-out
or boycott shall be liable to a fine of $200 and to imprisonment for 1
year.
Legal
presumptions
26.
Where in any proceedings for an offence under section 25 (1) it is proved that
the accused person-
(a) ceased work or refused to continue work or to undertake particular work, being work which in terms of his employment he was bound to do; or
(b) closed a place of employment or suspended work or being an employer refused to continue to employ persons employed by him; or
(c) systematically refused to hold or abstained from holding relations or dealings of any kind with another person,
in
circumstances which give the court reasonable ground to suppose that he was
taking part in or acting in furtherance of an unlawful
strike, lock-out or
boycott, the court shall presume that he was taking part in or acting in
furtherance of an unlawful strike, lock-out
or boycott unless he proves to the
satisfaction of the court that he acted as aforesaid for reasons wholly
unconnected with an unlawful
strike, lock-out or boycott, as the case may
be.
Prohibition
of expulsion of
members
27.
(1) No person being a member of an organisation who refuses to take part or to
continue to take part in any unlawful strike, lock-out
or boycott shall by
reason of such refusal or by reason of any action taken by him under this
section be subject to expulsion from
membership of any organisation or to any
fine or other penalty or to deprivation of any right or benefit to which he or
his personal
representatives would otherwise be entitled or liable to be placed
in any respect either directly or indirectly under any disability
or to any
disadvantage as compared with other members of the organisation notwithstanding
anything to the contrary in the rules or
constitution of an
organisation.
(2) No provision of
any law limiting the proceedings which may be entertained by the High Court and
nothing in the rules or constitution
of any organisation requiring the
settlement of disputes in any manner shall apply to proceedings for enforcing
any right or exemption
secured by this section and in any such proceedings the
court may, in lieu of ordering any person who has been wrongfully expelled
from
membership of an organisation to be restored to membership, order that he be
paid out of the funds of the organisation such
sum by way of compensation or
damages as the court thinks just.
PART
V
PROTECTION OF
ESSENTIAL SERVICES, LIFE AND PROPERTY
Interpretation
28.
In this Part-
"break" means, in relation to an employee's contract of service, do any act or make any omission which amounts to a breach of the contract of service under which he is employed;
"contract of service" means any contract whether express or implied whether entered into orally or in writing, to employ or serve as an employee for any period of time and whether it is a contract of service, apprenticeship or learnership or a contract personally to execute any work or labour.
Breach
and procurement of breach of contract by employee an
offence
29.
(1) Subject to section 30,-
(a) any employee in an essential service who wilfully breaks his contract of service knowing or having reasonable cause to believe that the probable consequences of his so doing either alone or in combination with others will be to deprive the public or any section of the public of that essential service or substantially to diminish the enjoyment of that essential service by the public or any section of the public shall be liable to a fine of $200 and to imprisonment for 1 year;
(b) any person who causes, procures or counsels or in any way whatsoever encourages, persuades or influences or solicits, incites or attempts to procure any employee in an essential service to break his contract of service knowing or having reasonable cause to believe that the probable consequences of that employee so doing either alone or in combination with others will be to deprive the public or any section of the public of that essential service or substantially to diminish the enjoyment of that essential service by the public or any section of the public shall be liable to a fine of $300 and to imprisonment for 18 months.
(2)
In any proceedings in respect of an offence under this section the court shall
presume the existence of a contract of service
of the nature and in the
particular service alleged in the charge or information relating to the
proceedings unless the contrary
is
proved.
(3) A breach of a contract
of service by an employee in an essential service shall be deemed to be wilful
unless the contrary is
proved.
Breach
of employee's contract not unlawful in certain
circumstances
30.
(1) Subject to subsection (2), an employee in an essential service shall not be
guilty of an offence under section 29 (1)
(a)
and no person shall be guilty of an offence under section 29 (1)
(b)
if there is a trade dispute in the essential service in question
and-
(a) the procedures prescribed by this Code for the settlement of trade disputes have been exhausted; or
(b) 42 days have elapsed since the date on which a report of the trade dispute was made to the Minister in accordance with section 3 and the Minister has taken no step under section 4 (1) or if he has taken such a step his decision has not been communicated to the parties to the dispute or to their representatives in accordance with section 4 (2).
(2)
Subsection (1) shall not apply unless after all the procedures prescribed by
this Code for the settlement of trade disputes have
been exhausted or after the
expiration of the period of 42 days referred to in subsection (1)
(b)
notice in writing of the employee's intention to break his contract of service
is given by hand by him or on his behalf by a trade
union of which he is a
member to the office of the Commissioner of Labour and 14 days have elapsed
since delivery of that notice.
(3)
The Commissioner of Labour may by notice appoint persons to whom notices under
subsection (2) may be given and delivery of such
a notice to such a person shall
be deemed to be delivery of the notice for the purposes of that
subsection.
(4) Every person
appointed under subsection (3) shall on delivery to him of a notice under
subsection (2) transmit the contents of
the notice to the Commissioner of Labour
by such means as he thinks most
expeditious.
(5) A notice under
subsection (2) shall be in such form as the Commissioner of Labour may by
regulations
prescribe.
Printed
copy of sections 29, 30 and Schedule to be displayed by
employer
31.
(1) Every employer in an essential service shall cause to be posted upon such
premises used for the purpose of discharging that essential
service as the
Commissioner of Labour may by writing designate a notice in such form as the
Commissioner of Labour may by regulations
prescribe explaining the effect of
sections 29 and 30 in some conspicuous place where the same may conveniently be
read by his employees
and as often as such notice becomes defaced, obliterated,
destroyed or removed shall cause it to be replaced with all reasonable
dispatch.
(2) Any employer other
than the Government who fails to comply with subsection, (1) shall be liable to
a fine of $10 for every day
on which he so
fails.
(3) Any person who without
reasonable excuse wilfully injures, defaces, obliterates, destroys or removes
any printed copy which has
been posted as required by subsection (1) shall be
liable to a fine of $20 and in any proceedings for an offence under this
subsection
the proof of reasonable excuse shall lie on the person charged with
the
offence.
Protection
of life and
property
32.
(1) Any employee whether an employee in an essential service or not who wilfully
breaks his contract of service knowing or having
reasonable cause to believe
that the probable consequences of his so doing either alone or in combination
with others will be to
endanger human life or public health or to cause serious
bodily injury to any person or to expose valuable property to the risk of
destruction, loss or serious injury shall be liable to a fine of $200 and to
imprisonment for 1 year.
(2) Any
person who causes, procures or counsels or in any way whatever encourages,
persuades or influences or solicits, incites or
attempts to procure any
employee, whether an employee in an essential service or not, to break his
contract of service knowing or
having reasonable cause to believe that the
probable consequences of that employee so doing either alone or in combination
with others
will be to endanger human life or public health or to cause serious
bodily injury to any person or to expose valuable property to
the risk of
destruction, loss or serious injury shall be liable to a fine of $300 and to
imprisonment for 18 months.
(3) In
any proceedings in respect of an offence under this section the court shall
presume the existence of a contract of service
of the nature alleged in the
charge or information relating to the proceedings unless the contrary is
proved.
(4) In any proceedings in
respect of an offence under subsection (1) the court shall presume that any
allegation in the charge or
information in relation to the proceedings that a
contract of service was wilfully broken is true unless the contrary is
proved.
Minister
may amend
Schedule
33.
(1) The Minister may by order amend the Schedule-
(a) adding thereto further services and without prejudice to the generality of the description of any service specified therein may by such order specify any particular undertaking, activity or business or any class of undertaking, activity or business as being or as being included in an essential service;
(b) by deleting therefrom any service.
(2)
A copy of every order made under subsection (1) shall be laid before the House
of Assembly at its sitting next following the date
on which the order comes into
operation and if a resolution that such notice be revoked is passed by the House
within a period of
20 days on which the House sits next following the day on
which the order is laid before it the order shall be deemed to have been
revoked
on the day the resolution is passed.
PART
VI
STRIKE
BALLOTS
Strike
ballots
34.
(1) Where a question arises whether a body of employees should strike in
furtherance of a trade dispute and the number of those employees
exceeds 50 that
question shall be decided by a secret ballot of those
employees:
Provided that where the
trade dispute involves employees represented by a trade union or by trade unions
only members of that union
or those unions shall be eligible to
vote.
(2) A decision to strike
taken under this section shall require a two-thirds majority of all those
eligible to vote.
(3) Where a
strike takes place following a ballot under this section no ballot shall be
required to determine the strike but the Minister
may advise the parties to the
dispute that in his opinion such a course is
desirable.
(4) Notwithstanding the
other provisions of this Code, a strike which takes place in furtherance of a
trade dispute shall be unlawful
unless this section has in every appropriate
case been complied with.
(5) The
Commissioner of Labour may make regulations prescribing the manner in which
ballots required by this section shall be conducted.
PART
VII
MISCELLANEOUS
Certain
immunities not affected
Cap. 97
35.
Nothing in this Code shall in any way affect the immunities from criminal and
civil liability or process granted by Part II of not
affected the Trade Unions
Ordinance.
Conclusion
of collective agreements not
affected
36.
Nothing in this Code shall affect the right of trade unions or of other
associations representative of employees to conclude collective
agreements with
employers or organisations of
employers.
Liability
of persons appointed under
Code
37.
No person shall be liable for any act done or omitted to be done by him in good
faith and without negligence in the carrying out
of any function vested in him
by this Code or regulations made
thereunder.
Remuneration
and
expenses
38.
The Minister in consultation with the Minister of Finance shall determine the
remuneration, including allowances, to be paid to any
person appointed under
this Code and the same shall be paid out of the Consolidated
Fund.
Regulations
39.
(1) Subject to sections 30 (5), 31 (1) and 34 (5), the Minister may make
regulations generally for the better carrying into effect
of the provisions,
objects and intentions of this Code and in particular for prescribing the
procedure to be followed in any proceedings
before a tribunal, board or the
Commission or otherwise under this
Code.
(2) The Commissioner of
Labour may give directions not inconsistent with any regulations made under
subsection (1) or section 34 (5)
relating to the scope, method and conduct of
any particular
proceedings.
Consent
of Attorney-General required for
prosecutions
40.
No prosecution for an offence under this Code shall be instituted except by or
with the consent of the Attorney-General.
____________
SCHEDULE
(Section
2)
Distribution of food
services
Distribution of fuel
services
Electricity services
(including the generation and distribution of electricity and the maintenance of
electricity supplies)
Fire
services
Health
services
Maintenance of internal and
external air services
Movement of
copra
Port services connected with the
loading and unloading of
vessels
Sanitary
services
Search sand rescue
services
Shipping services (including
the ferry service between the islets of Bairiki and Betio on Tarawa Island
operated by the Kiribati Shipping
Corporation)
LN.
72/78
Telecommunication
services
Water services
___________
[Subsidiary]
SUBSIDIARY LEGISLATION
Appointment
of person to receive notice of trade disputes under section 3 (5)
G.N. 49/75
The
administrative officer for the time being in charge of Ocean Island has been
appointed to receive reports of trade disputes and
further written
particulars.
Appointment
under section 5 (3) of person who may be informed that settlement of trade
disputes have not been effected
G.N. 49/75
The
administrative officer for the time being in charge of Ocean Island has been
appointed as a person who may be informed on behalf
of the Minister that
settlement of trade disputes have not been
effected.
Order
under section 14 establishing an Incomes Commission
L.N.3/75
INCOMES COMMISSION (ESTABLISHMENT) ORDER
Citation
1.
This Order may be cited as the Incomes Commission (Establishment)
Order.
Establishment,
powers and duties of the Incomes
Commission
2. An Incomes
Commission is hereby established to exercise all the powers and perform all the
duties conferred or imposed on the Incomes
Commission by the
Code.
Appointment
under section 30 (3) of a person to whom notices required by section 30 (2) may
be given by employees in essential services
G.N. 50/75
The
officer for the time being in charge of Ocean Island is appointed a person to
whom notice of intention to break contract of service
may be
given.
Order
under section 14 establishing an Incomes Commission
INCOMES COMMISSION (ESTABLISHMENT) ORDER 1979
L.N.42/79
L.N.39/79
K.L.N.11/7
Commencement: 16th May 1979
Citation
1.
This Order may be cited as the Incomes Commission (Establishment Order)
1979.
Appointment
of Members and Chairman
2. (1) The
Members of the Incomes Commission shall be as follows-
Members representing Employers:
Mr. Iaramako Teoiaki
Mr. Nariki Kautu
Mr. Kokoria B. Etuare
Mr. Kakaiwa Kirimaua
Members
representing Employees:
Mr. Marae Irata
Mr. Raion Bataroma
Mr. Tuen Iotia
Mr. Tabui Teatata
(2)
The Chairman shall be Mr. I. T. Uriam,
M.B.E.
Duty of
Commission
3. It shall be the duty
of the Commission, subject to and in accordance with the provisions of the
Industrial Relations Code, to enquire into and determine the gradings,
remuneration and conditions of service for the Public Service, Statutory
Organisations
and Government Controlled Companies, using the Report of the
Salaries Review Commission (Fry Report) as the basis of the
enquiry.
Revocation
of previous appointments
4. All
previous appointments to the Incomes Commission are
revoked.
Regulations
under section 34
INDUSTRIAL RELATIONS (STRIKE BALLOTS) REGULATIONS
L.N. 18/80
Commencement: 7th November 1979
PART
I
PRELIMINARY
Short
title
1. These Regulations may be
cited as the Industrial Relations (Strike Ballots) Regulations
1979.
Interpretation
2.
In these Regulations, unless the context otherwise requires-
"ballot meeting" means a meeting called in accordance with these Regulations for the conduct of a strike ballot;
"the Code" means the Industrial Relations Code;
"the Commissioner" means the Commissioner of Labour;
"strike ballot" means a ballot required by section 34 (1) of the Code;
"Supervising Officer" means a Supervising Officer appointed under section 3.
Supervising
Officers
3. The Commissioner of
Labour may, by notice, appoint persons to be Supervising Officers for the
purposes of these Regulations.
PART
II
STRIKE
BALLOTS
Application
of Part II
4. This Part applies in
relation to strike ballots in relation to trade
disputes.
Notice
of ballot
5. (1) Before a strike
ballot is conducted, the union or the body of employees
concerned-
(a)shall give to the Commissioner not less than 48 hours' notice, either oral or in writing, of the time when and the place or places where the ballot is to be conducted; and
(b) shall satisfy the Commissioner that adequate notice has been given to members of the union or to the employees who are to be involved in the strike-
(i) of the time when and the place or places where the ballot is to be conducted; and
(ii) that the ballot is to be a strike ballot; and
(iii) of the trade dispute in relation to which the ballot is to be conducted, in the same terms as those in which the dispute was reported under section 3 of the Code, or in such other terms as are approved by the Commissioner.
(2)
For the purposes of the Code and of these Regulations, a ballot shall be deemed
to be a strike ballot only in relation to the
trade dispute described in the
notice given under paragraph (1)
(b)
(iii).
Question
at strike ballot
6. The only
question for a strike ballot shall be, whether or not to
strike.
Ballot
meeting
7. A strike ballot shall
not, without the prior consent of the Commissioner and on such conditions as to
notice and otherwise as he
determines, be held at more than 3 places, and each
such ballot shall take place at approximately the same
time.
Provision
of facilities, etc.
8. (1) The
Supervising Officer is responsible for the provision of the necessary
ballot-boxes and ballot-papers, and for instructing
voters on the method of
casting their votes.
(2) A
ballot-paper shall be marked in such a way that a vote in favour of the strike
is indicated by the word "Yes" (in Gilbertese
or in English), a vote against the
strike is indicated by the word "No" (in Gilbertese or in English), and no
irrelevant marks appear
on it, other than the authenticating signature or
initials of the Supervising Officer or other person authorised by the
Commissioner
or Supervising Officer to authenticate the
ballot-paper.
Conduct
of ballot
9. (1) At a ballot
meeting-
(a) the Supervising Officer shall preside and conduct the meeting; and
(b) no business shall be transacted before the ballot closes other than the ballot; and
(c) subject to these Regulations and to any directions of the Commissioner, the meeting and the ballot shall be conducted in such manner as the Supervising Officer determines.
(2)
The ballot shall be a secret
ballot.
(3) Only persons who
satisfy the Supervising Officer that the are members of the union or body of
employees concerned may vote, but
for the purposes of this paragraph a
Supervising Officer may accept and act on an assurance b a member of a union as
to membership
of the
union.
Result
of ballot
10. (1) After all
persons present and entitled to vote have had a reasonable opportunity to vote,
the Supervising Officer shall declare
the ballot
closed.
(2) The Supervising
Officer shall then and there, in the presence of not more than 2 representatives
of the union or of the body of
employees concerned, and not more than 2
representatives of employers concerned (if the employers wish to be
represented)-
(a) examine all ballot-papers cast; and
(b) place on one side all spoilt or improperly marked ballot-papers; and
(c) count the votes; and
(d) carefully preserve, and forward to the Commissioner, all ballot-papers.
(3)
The result of the ballot shall be announced at the meeting by the Supervising
officer, but so that, if practicable, the results
of the ballots at all ballot
meetings held for the same purpose are announced simultaneously, or at least in
such a way that the
voting at one ballot meeting is not likely to be affected by
the announcement of the result at any
other.
(4) The final result of the
ballot shall be announced by the
Commissioner.
Re-count
11.
If-
(a) the union or the body of employees concerned, or an employer concerned, or a duly authorised representative of the union or the body of employees or any such employer, so requests; or
(b) for any other reason he thinks it proper to do so,
the
Commissioner may re-count, in the presence of persons referred to in regulation
10 (2) and such other persons as he thinks proper
to admit, the votes cast at
the ballot, and shall announce the result of the ballot
accordingly.
Effect
of announcement
12. The
announcement by the Commissioner of the result of the ballot or of a re-count,
is, subject to these Regulations,
conclusive.
Objections
13.
The union, any member of the union, or any employee or any employer Objections
concerned, may, within 24 hours or such longer
period as the Minister, in
special circumstances; permits after the announcement by the Commissioner of the
result of a strike ballot,
or of a re-count, object to the Commissioner that the
ballot was improperly
conducted.
Fresh
ballots
14. If-
(a) an objection is made under regulation 13 and in the opinion of the Commissioner, after due inquiry, there are grounds for doubting the conduct of the ballot; or
(b) the Commissioner, for any reason, thinks that the ballot was or may have been improperly conducted,
the
Commissioner may, by notice, declare the ballot to be annulled and order a new
ballot to be taken.
PART
III
RETURN-TO-WORK
BALLOTS
Interpretation
of Part III
15. In this Part,
"return-to-work ballot" means a ballot of a kind referred to in section 34 (3)
of the Code, on the question of the
determination of a
strike.
Application
of Part III
16. (1) This Part
applies to a return-to-work ballot, whether or not it is held on the advice of
the Minister.
(2) Nothing in this
Part invalidates a decision to return to work or determine a strike, or a
return-to-work ballot, arrived at or
conducted otherwise than in accordance with
this
Part.
Conduct
of return-to-work ballots
17. (1)
A return-to-work ballot may be conducted in accordance with these Regulations,
and in that case the provisions of these Regulations
relating to strike ballots,
with the necessary modifications,
apply.
(2) In the application of
these Regulations to a return-to-work ballot-
(a) any reference in these Regulations to a strike ballot shall be read as a reference to a return-to-work ballot; and
(b) subject to paragraph (3), the question for the ballot shall be, whether or not to determine the strike and return to work.
(3)
Unless the Commissioner, on the ground that its inclusion would confuse the
issue, directs otherwise the question may include
a statement, formulated by, or
by representatives of, the union or body of employees concerned, of the
conditions on which the strike
is to be determined.
PART
IV
GENERAL
Special
powers of Commissioner
18. Where
in the circumstances of a particular ballot no provision, or no sufficient
provision, is made by these Regulations in relation
to any matter arising in
connection with the ballot, the Commissioner may direct, in writing, the manner
in which the matter shall
be dealt
with.
Appeals
19.
(1) A person aggrieved by a decision of a Supervising Officer under these
Regulations may appeal to the Commissioner, whose decision
is, subject to
subsection (2), final.
(2) A
person aggrieved by a decision of the Commissioner under these Regulations may
appeal to the Minister, whose decision is
final.
(3) Until altered under
paragraph (1) or (2), a decision of a Supervising Officer or of the Commissioner
under these Regulations is
final.
-----------------------------------------
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