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Home Columns The Voice of Labour

Offences of the Employer under the Trade Union Recognition Act

Admin by Admin
March 3, 2024
in The Voice of Labour
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Below is Sect 26 of the Trade Union Recognition Act that deals with the Offences of Employers in treating with the workers, expressly states:

  1. (1) No worker shall be dismissed, or have his employment adversely affected, or his position altered by his employer, by reason of the circumstances that the worker—
    (a) is an officer, delegate or member of a trade union;
    (b) has appeared as a witness or has given any evidence in proceedings under this Act; or
    (c) has for reasonable cause absented himself from work without leave after he has made an       application for leave for the purpose of carrying out his duties under the Act as an officer or delegate of a trade union and such leave has been unreasonably refused or withheld.

(2) An employer shall not—

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(a) make the employment of a worker subject to the condition that he shall or shall not become a         member of a trade union or shall relinquish his membership of a trade union;
(b) dismiss a worker, or adversely affect his employment, or alter his position to his prejudice by reason of his participation in the activities of a trade union outside his working hours;
(c) with intent to dissuade or prevent a worker from becoming such officer, delegate or member, or from so appearing or giving evidence, threaten to dismiss him, or to affect his employment adversely or to alter his position to his prejudice by reason of the circumstances that the worker is or proposes to become, an officer, delegate or member of a trade union, or that worker proposes to appear as a witness or to give evidence in any proceeding under this Act.

(3) An employer who contravenes any of the provisions of subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine of twenty-eight thousand dollars; and the magistrate making the order for conviction shall also order that the worker be reimbursed any wage lost by him and direct that, notwithstanding any rule of law to the contrary, the worker be reinstated in his former position or in a similar position with terms and conditions of employment no less favourable.

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