Industrial Court Act

Link to law: http://laws.gov.ag/acts/chapters/cap-214.pdf
Published: 1976

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Industrial Court (CAP. 214 1

CHAPTER 214

THE INDUSTRIAL COURT ACT

Arrangement of Sections
Section

PRELIMINARY

1. Short title.
2. Interpretation.
3. Application and non-application.

PART 1

ESTABLISHMENT, JURISDICTION AND
PKOCEDURE OF COURT

Establishment of Industrial Court.
Period of appointment, remuneration etc.
Appointment of Registrar etc.
Jurisdiction of Court.
Procedure.
Court not bound to follow the rules of evidence.
Powers of Court.
Additional powers of Court.
President to make rules of procedure.
Recovery of compensation, damages or fines.
Award may be retrospective.
Interpretation of orders, awards and collective

agreements.
Scope of hearing by Court.
Appeal on point of law.
Intervention by the Attorney-General.

PART I1

TRADE DISPUTE PROCEDURE

19. Trade dispute procedure.

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2 CAP. 214) Industrial Court

PART I11

LOCKOUTS AND STRIKES

20. Strikes and lockouts prohibited during hearings etc.
21. Stop order in the national interest.
22. Offence for persons to contribute financial assistance

to promote or support strike or lockout.
23. Continuing offences.

PART IV

AWARDS, DURATION AND ENFORCEMENT

24. Duration of awards.
25. Awards.
26. O n whom award to be binding.

PART V

GENERAL

27. Liability of officers of companies.
28. Limitation of time for complaints.
29. Consent of Director of Public Prosecutions.
30. Power of Minister to make regulations.
31. Immunity to members of the Court.

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Industrial Court (CAP. 214 3

INDUSTRIAL COURT

(19th June, 1976 . ) 411976.
511980.
611985.

PRELIMINARY

1. This Act may be cited as the Industrial Court Act. Short title.

2. ( 1 ) In this Act, unless the context otherwise Interpretation.
requires-

"the Court" means the Industrial Court established
under section 4 of this Act;

< < collective agreement' ' , "employee' ' ,

"employer", "established employee",

"industrial action' ' , "Labour Commissioner",
"lockout", "Minister", "non-established employee",

"strike", "trade dispute", "trade union" have the same
meanings as in section A 5 of the Antigua and
Barbuda Labour Code;

'6 organisation" means an organisation representative
of employers or an organisation representative of
employees, as the case may be;

"prescribed" means prescribed by rules made under
section 12 of this Act;

"Registrar" means the person for the time being per-
forming the duties of Registrar of the Court.

3. ( 1 ) This Act shall be binding on the Government Application and
\ as the employer of its non-established employees but not as nOn~app"cation~

the employer of any of its other employees.

( 2 ) This Act does not apply to-

(a) established employees of the Government;

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4 CAP. 214) Industrial Court

(b) members of the Antigua and Barbuda Defence
Force;

(c) members of the Royal Antigua Police Force;

(d) persons holding the status of diplomatic agents;

( e ) persons employed by the United Nations or its
specialised agencies.

PART I

THE INDUSTRIAL COURT

Establishment of
Industrial Court.

4. (1) For the purposes of this Act, there is hereby
established an Industrial Court which shall have the jurisdic-
tion and powers conferred on it by this Act.

(2) The Court shall have an official seal which shall be
judicially noticed in all courts.

(3) Until a seal is provided ip accordance with sub-
section (2) a Stamp may be used instead of such seal.

(4) The Court shall consist of-
(a) a President being-
(i) a person with substantial background and

experience in industrial relations, business
administration, public administration,
economics, accounts, or

(ii) a lawyer of not less than ten years standing,
who shall be appointed by the Governor-General after
consultation with the Judicial and Legal Services Commis-
sion; and

(b) such number of other members as may be deter-
mined by the Governor-General from time to time being
persons-

(i) who are experienced in industrial relations,
business administration, public administration,
or qualified as economists or accountants, or

(ii) who are barristers or solicitors of not less than
five years standing,

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Industrial Court (CAP. 214 5

who shall be appointed by the Governor-
General after consultation with the Judicial and
Legal Services Commission.

( 5 ) Where for any reason the President or any other
member of the Court is unable to carry out his functions
under this Act, the Governor-General may appoint some
other duly qualified person to be the president or other
member of the Court, as the case may be, for the period
of such inability; and notwithstanding that the President or
other member may have resumed the duties of his office,
such person may continue to exercise such powers or perform
such functions for the purpose of completing the hearing of
and determining any trade dispute or matter commenced
before such person.

(6) The Court may act notwithstanding any vacancies
in its number or in the absence of any member from the
hearing or any part thereof; and no act, proceeding or award
of the Court shall be called in question or invalidated by
reason of any such vacancy or absence.

(7 ) Any member of the Court whose appointment
expires during the proceedings of the Court shall for the pur-
pose of such proceedings continue to be a member of the
Court and the term of his appointment shall be deemed to
have been extended until the final disposal of the trade dispute
or matter.

(8) The Court shall be duly constituted if it consists
of the following members assigned by the President-

( a ) when hearing a trade dispute, two or more
members; or

(b) when hearing any other matter, one or more
members.

\ 5 . (1) The President and the other members of the :z,"t2ent,
Court shall be paid such salary and allowances as may be remuneration,
provided by Parliament. etc.

(2) The members of the Court shall hold office for such
period being not less than three or more than five years as

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6 CAP. 214) Industrial Court

is specified in their respective instruments of appointment,
but shall be eligible for re-appointment.

Apqointment of
Registrar etc.

6 . There shall be appointed a Registrar and other
officers of the Court who shall be public officers.

Jurisdiction of
Court. 7. ( 1 ) The Court shall have jurisdiction-

( a ) to hear and determine trade disputes referred
to it under this Act;

( b ) to enjoin a trade union or other organisation
of employees or other persons or an employer from
taking or continuing industrial action;

(c) to hear and determine any complaints brought
in accordance with this Act as well as such matters as
may from time to time be referred to it under this Act.

( 2 ) The Court shall have power-

(a ) to punish summarily with a fine any person who
commits a contempt in the presence or hearing of the
Court when sitting, but such fine shall in no case exceed
two thousand dollars, and shall be payable within a
definite time, being not less than fourteen days from
the imposition thereof;

( b ) to impose fines for a contempt consisting of
failure to comply with its orders or awards but such fines
shall not exceed ten thousand dollars and shall be payable
within a definite time being not less than twenty-one
days from the imposition thereof.

(3) Proceedings for contempt for failing to comply with
an order or award of the Court shall be commenced by an
application by the person or organisation for whose benefit
the order or award was made, and shall be in such form
as may be prescribed. The application shall be served on
the person who will be affected thereby not less than three
clear days before the hearing thereof.

(4) Where it has come to the knowledge of the Court
that any person bound by an order made under section 21
( 1 ) is, or has been in breach thereof, the Court may sum-

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Industrial Court (CAP. 214 7

mon such person to appear before it to answer for his
contempt.

(5) In exercising its jurisdiction, the Court may sit at
such places as the President may consider necessary for the
despatch of the business of the Court.

(6) For the purposes of the foregoing provisions of this
section a trade union or other organisation and the members
of the Executive or other controlling body in a trade union
or other organisation shall be deemed to be guilty of a breach
of an order or award by which the union or the other
organisation is bound, if an employee or other person who
is a member of that union or other organisation, respect-
ively, commits that breach by the direction or with the
concurrence of any member of the Executive or other con-
trolling body in that trade union or other organisation.

(7) All matters brought before the Court shall be deter-
mined by a majority of the members thereof.

8. (1) The Court, as respects the attendance and Procedum.
examination of witnesses, the production and inspection of
documents, the enforcement of its orders and other matters
necessary or proper for the due exercise of its jurisdiction,
shall have all such powers, rights, and privileges as are vested
in the High Court on the occasion of an action.

(2) For the purpose of dealing with any matter before
it, the Court may of its own motion summon any person
who in the opinion of the Court is able to give such inform-
ation as it considers necessary and may, in addition to and
without prejudice to the generality of the foregoing, not
withstanding anything contained in the Income Tax Act or Cap. 212.

) in any other law, require the Commissioner of Inland
Revenue to produce or make available any information which
the Court may consider necessary; and the Court may, in
its discretion and subject to such conditions as it may impose,
disclose so much as it thinks fit of the information so pro-
duced or made available, and the Court may also prohibit
the publication of any portion thereof.

(3) Where the Court exercises its power to summon a
person to give information under subsection (2), the Court

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8 CAP. 214) Industrial Court

may direct that all or any part of the proceedings in the matter
before it, as it may consider proper, be thereafter conducted
in camera, and in any such case it may enjoin the parties or
any of them and any member of the public and officers of
the Court from disclosing any such information given in their
presence and hearing.

(4) A summons signed by the Registrar shall be
equivalent to any formal process issuable in any action taken
in the High Court for enforcing the attendance of witnesses
and compelling the production of documents.

(5) The Court may, in appropriate cases, permit
evidence or argument to be presented in writing upon such
terms and conditions as the Court thinks fit.

(6) The Court may after consultation with the Minister
appoint one or more assessors who, in the opinion of the
Court, are qualified by reason of their knowledge and
experience to assist in the determination of any matter over
which it has jurisdiction; and in appointing assessors, the
Court shall have regard to any submissions or objections that
may be put forward by any party or parties appearing before
it.

(7) The Court shall make its award without delay and
where practicable within thirty days from the date of reference
to it of the trade dispute.

Court not bound
to follow the

9. (1) In the hearing and determintion of any matter
rules of evidence. before it, the Court may act without regard to technicalities
Cap. 155. and legal form and shall not be bound to follow the rules

of evidence stipulated in the Evidence Act, but the Court
may inform itself on any matter in such manner as it thinks
just and may take into account opinion evidence and such
facts as it considers relevant and material, but in any such
case the parties to the proceedings shall be given the oppor-
tunity, if they so desire, of adducing evidence in regard
thereto.

(2) A party to any trade dispute or other matter may
be represented at proceedings before the Court-

(a) by any official of a trade union;

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Industrial Court (CAP. 214 9

( b ) by any official or an organization of employers
or workmen in Antigua and Barbuda; or

(c ) by a legal practitioner

10. (1) The Court may in relation to any matter Court.
before it-

(a) make an order or award (including a provisional
or interim order or award) relating to any or all of the
matters in dispute or give a direction in pursuance of
the hearing or determination;

(6) without prejudice to and in addition to its
powers under section 7 (2), award compensation on com-
plaints brought and proved before it by a party for whose
benefit the order or award was made regarding any
breach or non-observance of an order or award or any
term thereof (other than an order or award for the pay-
ment of damages or compensation).

(2) The Court shall make no order as to costs in any
dispute before it, unless for exceptional reasons the Court
considers it proper to order otherwise, and the Court of
Appeal shall in disposing of any appeal brought to it from
the Court make no order as to costs, unless for exceptional
reasons the Court of Appeal considers it proper to order
otherwise.

(3) Notwithstanding anything in this Act or in any other
rule of law to the contrary, the Court in the exercise of its
powers shall-

(a) make such order or award in relation to a
dispute before it as it considers fair and just, having
regard to the interests of the persons immediately con-
cerned and the community as a whole;

( b ) act in accordance with equity, good conscience
and the substantial merits of the case before it. havine "
regard to the principles and practices of good industrial
relations and, in particular, the Antigua and Barbuda
Labour Code. Cap. 27.

(4) Notwithstanding any rule of law to the contrary,
but subject to subsections (5) and (6), in addition to its

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10 CAP. 214) Industrial Court

jurisdiction and powers under this Part, the Court may, in
any dispute concerning the dismissal of an employee, order
the re-employment or re-instatement (in his former or a
similar position) of any employee, subject to such conditions
as the Court thinks fit to impose, or the payment of com-
pensation or damages whether or not in lieu of such
re-employment or re-instatement, or the payment of
exemplary damages in lieu of such re-employment or
re-instatement.

(5) An order under subsection (4) may be made where,
in the opinion of the Court, an employee has been dismiss-
ed in circumstances that are harsh and oppressive or not in
accordance with the principles of good industrial relations
practice; and in the case of an order for compensation or
damages, the Court in making an assessment thereon shall
not be bound to follow any rule of law for the assessment
of compensation or damages and the Court may make an
assessment that is in its opinion fair and appropriate.

(6) The opinion of the Court as to whether an employee
has been dismissed in circumstances that are harsh and
oppressive or not in accordance with the principles of good
industrial relations practice and any order for compensation
or damages including the assessment thereof made pursuant
to sub-section (5) shall not be challenged, appealed against,
reviewed, quashed or called in question in any court on any
account whatever.

(7) Where, in any proceedings for the non-observance
of an order or award or the interpretation or application of
a collective agreement, it appears to the Court that an
employee of the employer has not been paid an amount to
which he is entitled under such an order or award or such
an agreement the Court, in addition to any other order, may
order the employer to pay the employee the amount to which
he is entitled and any such amount shall be deemed to be
damages and be recoverable in the manner provided by sec-
tion 13.

Additional 1 . In addition to the powers conferred on it under
powers of Court. the foregoing provisions of this Part, the Court may-

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Industrial Court (CAP. 214 11

(a) proceed to hear and determine a trade dispute
in the absence of any party who has been duly sum-
moned to appear before the Court and has failed to do
so;

(b) order any person-

(i) who in the opinion of the Court may be
affected by an order or award; or

(ii) who in any other case the Court considers .it
just to be joined as a party,

to be joined as a party to the proceedings under
consideration on such terms and conditions as the
Court may direct;

(c) make all such suggestions and do all such things
as appear to be right and proper for reconciling the
parties;

(d) generally give all such directions and do all such
things as are necessary or expedient for the expeditious
and just hearing and determination of the trade dispute
or any other matter before it.

12. Subject to this Act, the President may, by rules, P,'zF$eEf
regulate the practice and procedure of the Court for the hear- procedure.
ing and determination of all matters before it.

13. (1) On the expiration of the time fixed for com- :-g;nz;Ln,
pliance with an order or award for the payment of compen- damages or fines.
sation, damages or fines, the amount thereof shall become
due and payable and is recoverable in the manner provided
by this section.

(2) Compensation, damages or fines are, upon a
\ certificate issued by the Registrar stating that the amounts

specified therein are due and payable under an order or award
of the Court,-

(a) recoverable summarily as a civil debt; or

(6) recoverable in the manner provided in sub-
section (3),

by the person for whose benefit the order or award for such
compensation or damages was made or, in the case of an
order for a fine, by the Registrar. The certificate of the

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12 CAP. 214) Industrial Court

Registrar under this subsection is conclusive evidence of the
matters specified therein.

(3) Upon the filing of a certificate issued under subsec-
tion (2) in the Registry of the High Court, the order or award
shall as from the date of filing be of the same force and effect
and proceedings may be taken thereon and the order or award
may be enforced as if it had been a judgment originally
obtained or entered up on the date of filing in the High Court.

(4) The High Court shall have the same control and
jurisdiction over the order or award as it has over the
judgments given by itself, but in so far only as relates to
execution.

(5) All costs and charges incurred under this section
shall be recoverable in like manner as if included in the
certificate.

(6) All fines recoverable by the Registrar under this sec-
tion shall be paid into the general revenue.

Award may be
retrospective. 14. (1) An award on any matter referred to the Court

for settlement may be made retrospective to such date not
being earlier than the date on which the dispute or question
to which the award relates first arose.

(2) The provisions of section 17 (1) apply to the deci-
sion of the Court as to the date on which the dispute or ques-
tion to which the award relates first arose.

Interpretation of 15. (1) Where any question arises as to the interpreta-
orders, awards
and tion of any order or award of the Court, the Minister or
agreements. any party to the matter may apply to the Court for a deci-

sion on such question and the Court shall decide the matter
either after hearing the parties or, without such hearing,
where the consent of the parties has first been obtained. The
decision of the Court shall be notified to the parties and shall
be binding in the same manner as the decision on the original
order or award.

(2) Where there is any question or difference as to the
interpretation or application of the provisions of a collective
agreement any employer or trade union having an interest

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Industrial Court (CAP. 214 13

in the matter or the Minister may make application to the
Court for the determination of such question or difference.

(3) The decision of the Court on any matter before it
under subsection (2) shall be binding on the parties thereto
and is final.

16. The Court shall expeditiously hear, inquire into ~ ; ~ o ; ~ t ~ i n g
and investigate every dispute and all matters affecting the
merits of such dispute before it and, without limiting the
generality of the foregoing, shall in particular hear, receive
and consider submissions, arguments and evidence made,
presented or tendered (whether orally or in writing)-

(a) by or on behalf of the employer or employee
concerned;

(6) by the trade union concerned on behalf of the
employees involved in the dispute;

(6) in the name of the Attorney-General if he has
intervened under section 18.

17. (1) Subject to this Act, any party to a matter Appeal on point
of law.

before the Court shall be entitled as of right to appeal to
the Court of Appeal on any of the following grounds, but
no others-

(a) that the Court had no jurisdiction in the matter,
but so however, that it shall not be competent for the
Court of Appeal to entertain such ground of appeal,
unless objection to the jurisdiction of the Court has been
formally taken at some time during the progress of the
matter before the making of the order or award;

(b) that the Court has exceeded its jurisdiction in
the matter;

(6 ) that the order or award has been obtained by
fraud;

(4. that any finding or decision of the Court in any
matter is erroneous in point of law; or

( e ) that some other specific illegality, not
hereinbefore mentioned, and substantially affecting the
merits of the matter, has been committed in the course
of the proceedings.

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14 CAP. 214) Industrial Court

(2) O n hearing of an appeal in any matter brought
before it under this Act, the Court of Appeal shall have
power-

(a) if it appears to the Court of Appeal that a new
hearing should be held, to set aside the order or award
appealed against and order that a new hearing be held;
or

(6) to order a new hearing on any question without
interfering with the finding or decision upon any other
question,

and the Court of Appeal may make such final or other order
as the circumstances of the matter may require.

(3) The Court of Appeal may in any matter brought
on appeal before it, dismiss the appeal if it considers that
no substantial miscarriage of justice has actually occurred
although it is of the opinion that any point raised in the appeal
might have been decided in favour of the appellant.

(4) Subject to subsection (I), the hearing and determina-
tion of any proceedings before the Court, and an order or
award or any finding or decision of the Court in any matter
(including an order or award)-

(a) shall not be challenged, appealed against,
reviewed, quashed or called in question in any court
on any account whatever; and

(6 ) shall not be subject to prohibition, mandamus
or injunction in any court on any account whatever.

Intervention by
the 18. (1) Where any dispute is before the Court, the
~ttorney-~eneral . Attorney-General may, for the purpose of giving such

assistance to the Court as he may be able to provide with
the consent of the Court, intervene, where it appears to him
that some question of public importance or affecting the public
interest or both has arisen and that it is fit and proper that
the public interest should be represented therein.

(2) No intervention by the Attorney-General shall be
taken to cause the Attorney-General to become a party to
the dispute before the Court, and accordingly no order or

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Industrial Court (CAP. 214 15

award may be made against the Attorney-General either in
the matter or, subject to section 10 ( 2 ) , as to costs.

(3) Where the Attorney-General intervenes in a dispute
he may instruct such persons as he thinks fit to appear on
hie, behalf.

PART I1

TRADE DISPUTE PROCEDURE

19. ( 1 ) Where the existence of a trade dispute has Trade dispute
come to the attention of the Minister or the Labour Com- procedure.

missioner under and by virtue of the provisions of section
K 14 ( 1 ) of the Antigua and Barbuda Labour Code, the Cap. 27.
Minister may at any stage refer the dispute to the Court;
and notwithstanding the provisions of sections K 14 and B
5(2) of the Antigua and Barbuda Labour Code, upon such
referral the Labour Commissioner shall cease to perform the
duty conferred on him by the said sections of seeking to
achieve a voluntary adjustment or settlement of the trade
dispute.

(2) If within ten days after the existence of a trade
dispute has come to the attention of the Labour Commis-
sioner and he has failed to achieve a voluntary adjustment
or settlement of the trade dispute, a party to the trade dispute
may refer the dispute to the Court, and upon such referral
the power conferred on the Minister by section K 15 and
section B6 of the Antigua and Barbuda Labour Code of seek- Cap. *7.
ing to achieve a voluntary adjustment or settlement of a trade
dispute shall cease to be exercisable by him for the purposes
of that trade dispute.

(3) For the purposes of subsection ( 2 ) the expression
"a party to the trade dispute" shall include-

(a) an organisation of employees, on behalf of
employees who are parties to the dispute and are
members of that organisation;

( b ) an organisation of employers, where the dispute
is between the employers and employees in the employ-
ment of those employers;

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16 CAP. 214) Industrial Court

(c) an employer, where the dispute is between that
employer and employees in the employment of that
employer; or

(6) a trade union, on behalf of employees who are
parties to the dispute and are members of that trade
union.

(4) Where a trade dispute is referred to the Court the
reference shall be in writing and in such form as may be
prescribed.

(5) Every party referring a trade dispute to the Court
shall, without delay, furnish by hand or by registered post
a copy of such reference to the other party or parties to the
dispute, by leaving the same at, or addressing the same to,
the principal place of business of the other party.

Cap. 27. ( 6 ) Where a trade dispute is referred to the Court under
this section all provisions of the Antigua and Barbuda Labour
Code that relate to-

(a) the voluntary adjustment or settlement of that
dispute;

( b ) private negotiations or any other means of
resolving issues between the parties to that dispute;

(c) prosecution for the commission of any offence
in connection with that dispute;

(6) references to the Minister, the Labour Com-
missioner, a decisional officer or an Arbitration Tribunal
of any matter or thing relative to that dispute,

shall forthwith cease to have effect for all the purposes of
that trade dispute.

PART I11

LOCKOUTS AND STRIKES

Strikes 01 20. ( 1 ) No employee may go on strike or take part
lockouts prohibited during in a strike and no employer may declare a lockout or take
hearings etc. part in a lockout while proceedings in relation to a trade

dispute between such employee and such emplcyer are
pending before the Court or the Court of Appeal.

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Industrial Coud (CAP. 214 17

(2) No employee may go on a strike or take part in
a strike and no employer may declare a lockout or take part
in a lockout as a result of disagreement or dissatisfaction
with, an order or award of the Court or the Court of Appeal.

(3) Any person who contravenes the provisions of
subsection (2) is guilty of an offence and shall be liable on
summary conviction to a fine not exceeding ten thousand
dollars or to imprisonment for a period not exceeding six
months.

(4) An employer who declares or takes part in a lockout
in contravention of subsection ( 1 ) shall be guilty of an offence
and be liable on summary conviction to a fine of twenty-five
thousand dollars or to imprisonment for two years.

(5) Any trade union which calls a strike in contraven-
tion of subsection ( 1 ) shall be guilty of an offence and shall
be liable on summary conviction to a fine of twenty-five
thousand dollars.

(6) Any person who calls out any employees on strike
in contravention of subsection ( 1 ) is guilty of an offence and-

( a ) if he is a member of the Executive of a trade
union or other organisation, shall be liable on summary
conviction to a fine of fifteen thousand dollars or to
imprisonment for twelve months.

(6) if he is not such a member he shall be liable
on summary conviction to a fine of twenty-five thous-
and dollars or to imprisonment for two years.

( 7 ) Any employee who takes part in a strike called in
contravention of subsection (1) is guilty of an offence and
shall be liable on summary conviction to a fine of five hundred
dollars or three months imprisonment.

(8) For the purposes of subsection (6) ( a ) where a strike
is called in contravention of subsection ( 1 ) it shall be presumed
until the contrary is proved that the strike was authorised
by the members of the Executive of the trade union or other
organisation concerned, and the burden of proving that the
strike was not so authorised shall be on the persons charged.

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18 CAP. 214) Industrial Court

Stop order in the
national interest. 2 1. (1) Where a strike or lockout which is not in con-

travention of section 20 is threatened or taken and the
Minister considers that the national interest is threatened
or affected he may make application to the Court for an
injunction restraining the parties from commencing or from
continuing such strike or lockout; and the Court may make
such order thereon as it considers fit having regard to the
national interest.

(2) Where the Court upon such an application makes
an order under subsection (I), the parties bound by such
an order shall thereupon refrain from, or discontinue any
action for a strike or lockout; and the Court may further
order that the matter shall be deemed to have been referred
to the Court by the parties thereto for determination.

(3) An order made by the Court under subsection ( 1 )
shall be published in the Gazette and in at least one newspaper
circulating in Antigua and Barbuda and such publication
shall be deemed to be service of notice thereof on all parties
to the dispute, including all employees or employers engaged
in the strike or lockout, whether threatened or taking place.

(4) Subject to the provisions of section 7 (4), any per-
son who fails to comply with an order of the Court made
under sub-section ( 1 ) shall be guilty of contempt of Court
and shall be liable to the punishment specified in section 7
( 2 ) (6) .

(5) Subject to the provisions of this section, no order
of the Court made under subsection ( 1 ) shall be deemed to
have validated any action taken if such action was not other-
wise in conformity with the provisions of this Part.

Offence for 22. ( 1 ) Any person who, for the purpose of promoting
persons to
contribute or maintaining a strike or lockout declared contrary to any
financial of the provisions of this Act, directly or indirectly contributes
assistance to
promote or financial assistance-
support strike or
lockout. ( a ) to a trade union of employees which calls a

strike or to any employee involved in such strike;

( 6 ) to any employer or trade union of employers
which declares a lockout.

LAWS OF ANTIGUA AND BARBUDA

Industrial Court (CAP. 214 19

shall be guilty of an offence and liable on summary convic-
tion to a fine of ten thousand dollars or to imprisonment
for eighteen months.

(2) Any trade union or any employer who receives any
financial assistance for the purpose of supporting a strike
or lockout called or declared in contravention of any provi-
sion of this Act shall be guilty of an offence and liable on
summary conviction to a fine of ten thousand dollars or to
imprisonment for eighteen months.

23. In addition to any penalty imposed under this ,Cg,"gy!g
Part, the Magistrate may, in the case of a continuing offence
against any provision of this Part impose a further penalty
of-

(a) a fine of two thousand dollars, in the case of
an employer;

(b) a fine of one thousand dollars, in the case of
an official of a trade union or other organisation,

for each day during which the offence continues.

PART IV

AWARDS DURATION AND ENFORCEMENT

24. (1) An award shall, subject to subsection (2) con- f,";;:p
tinue in force for the period specified in the award, being
not more than three Gears from the date upon which the
award comes into force.

(2) After the expiration of the period so specified, the
award shall, subject to sub-section (3), and unless the Court
otherwise orders, continue in force until a new award has
been made.

(3) Where, in pursuance of subsection (2), an award
has continued in force after the expiration of the period
specified in the award, any award made by the Court for
the settlement of a new dispute between the parties may be
made to operate from a date not earlier than the date upon
which the dispute arose.

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 214) Industrial Court

Awards.

(4) Where an award is for a period of three years, the
Court may review such award at any time after the expiry
of the second year.

(5) The fact that an award has been made and is in
force shall not prevent an award being made for the settle-
ment of a further dispute between all or any of the parties
to the first-mentioned award, with or without additional par-
ties, and whether or not the subject matter of the further
dispute is the same in whole or in part as the subject matter
of the dispute determined by the first-mentioned award.

25. (1) In making its award, the Court shall not be
restricted to the specific relief claimed by the parties or to
the demands made by the parties in the course of the trade
dispute but may include in the award any matter or thing
which it thinks necessary or expedient for the purpose of
settling the trade dispute.

(2) The award of the Court shall be signed by the Presi-
dent or, if the President is for any reason unable to sign
the award, by the remaining members.

(3) The Court may rectify in any award any clerical
error or mistake arising from any accidential slip or omission.

(4) In the event of an agreement being reached during
the proceedings before the Court, the Court in making its
award may, subject to the provisions of this Act, have regard
to the terms of such agreement.

On whom award
to be binding.

26. (1) An award of the Court shall be binding on-
( a ) all parties to the trade dispute who appear or

are represented before the Court;

(6) all parties to the trade dispute who have been
summoned to appear as parties to the dispute whether
they have appeared or not;

(c) in the case of employers, any successor to, or
any assignee of, the business of the employer who is
a party bound by the award, including any company

LAWS OF ANTIGUA AND BARBUDA

Industrial Court (CAP. 214 2 1

which has acquired or taken over the business of such
a party;

(d) all trade unions or other organisations on whom
the award is at any time declared by the Court to be
binding, as well as on their successors, and

(e ) all employees employed by their employers who
are bound by the award or the successors or assignees
of such employers.

(2) Any person, trade union or other organisation or
employer bound by an order or award may at any time dur-
ing the continuance of such order or award complain to the
Court of the manner in which the award is being administered
or of an infringement or breach of the terms of such order
or award; and the Court may hear and determine every such
complaint in the manner prescribed for the hearing and deter-
mination of trade disputes and may make such order or give
such directions as the justice of the case may require.

PART V

GENERAL

27. Where an offence punishable under this Act has Liability of
officers of

been committed by a company, any person who at the time companies.
of the commission of the offence was a director, general
manager, secretary or other officer of the company, or was
purporting to act in any such capacity, shall be deemed to
be guilty of that offence, unless he proves that the contraven-
tion was committed without his consent or connivance and
that he exercised all such diligence to prevent the commis-
sion of the offence as he ought to have exercised having regard
to the nature of his functions in that capacity and to all the
circumstances.

Limitation of 28. Notwithstanding anything contained in section 75 . time for
of the Magistrate's Code of Procedure Act, it shall be lawful c,mpiaints.
for any complaint for an offence against this Act to be made Cap. 255.
within six months from the time when the matter of such
complaint arose.

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 214) Zndustrial Court

Consent of
Director of 29. A prosecution for any contravention of any pro-
Public vision of sections 20 and 22 shall not be instituted save by
Prosecutions. and with the written consent of the Director of Public

Prosecutions.

Power of 30. The Minister may make regulations generally for
Minister to make
rep~ulat;ons. giving effect to the provisions of this Act.

Immunity to 3 1. Notwithstanding anything to the contrary in any
members of the
Court. written law, no member of the Court shall be compelled by

any Court of law to appear as a witness or party in any pro-
ceedings before that Court in relation to any act, matter or
thing performed by him as a member of the Court under
this Act.