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Settlement of Disputes in Essential Services Act


Published: 2000

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CAP. 298 SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES ACT BELIZE

SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES ACT

CHAPTER 298

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES ACT 4

Amendments in force as at 31st December, 2000.

BELIZE

SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES ACT

CHAPTER 298

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES ACT 4

Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

Printed by the Government Printer,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Settlement of Disputes in Essential Services [CAP. 298

[ ]

3

CHAPTER 298

SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES

ARRANGEMENT OF SECTIONS

1. Short title.

2. Application.

3. Interpretation.

4. Constitution of Arbitration Tribunal.

5. Composition of Tribunal.

6. Panels for selection of members.

7. Terms of office of members.

8. Appointment of secretary and other officers.

9. Quorum.

10. Regulation of proceedings of Tribunal.

11. Trade dispute.

12. Reference to Tribunal for advice.

13. Award to be made without delay and may be retroactive.

14. Reference made to Tribunal in cases of difficulty in interpreting award.

15. Prohibition of lock-outs and strikes.

16. Penalty.

SCHEDULE

CHAPTER 298

SETTLEMENT OF DISPUTES IN ESSENTIAL SERVICES ACT

[24th October, 1953]

1. This Act may be cited as the Settlement of Disputes (Essential Ser-

vices) Act.

2. This Act shall apply-

(a) to trade disputes in any of those services rendered by

whomsoever to the public which are set out in the Schedule

and in any others to which the Minister by Order published in

the Gazette declares that this Act shall apply; and

(b) to persons employed by or under the Government, in the same

way as if they were workmen employed by or under a private

person.

3. In this Act, unless the context otherwise requires:-

“appointed members” means the three members of the Tribunal appointed by

Ch. 146,

R. L., 1958.

CAP. 235,

R. E. 1980-1990.

40 of 1963.

1 of 1969.

15 of 1982.

22 of 1987.

17 of 1996.

S. I. 17 of 1964.

S. I. 57 of 1973.

S. I. 92 of 1981.

S. I. 51 of 1988. Short title.

Application.

40 of 1963.

Interpretation.

40 of 1963.

Schedule.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Settlement of Disputes in Essential Services [CAP. 298

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the Minister under section 5 not being representative either of employers or

workers;

“lock-out” means the closing of a place of employment or the suspension of

work, or the refusal by an employer to continue to employ any number of

persons employed by him in consequence of a dispute, done with a view to

compelling those persons, or to aiding another employer in compelling persons

employed by him, to accept terms or conditions of or affecting employment;

“organisation” means an organisation representative of employers or an

organisation representative of workers, as the case may be;

“strike” means the cessation of work by a body of persons employed, acting in

combination, or a concerted refusal or refusal under a common understanding

of any number of persons employed to continue to work for an employer in

consequence of a dispute, done as a means of compelling their employer or any

person or body of persons employed, or to aid other workmen in compelling

their employer or any person or body of persons employed, to accept or not to

accept terms or conditions of or affecting employment;

“trade dispute” means any dispute or difference between employers and work-

men, or between workmen and workmen, or between employers and trade

unions, connected with the employment or non-employment, or the terms of

the employment, or the conditions of labour of any person, or trade union rec-

ognition;

“workman” means any person who has entered into or works under a contract

with an employer, whether the contract be by way of manual labour, clerical

work, or otherwise, be expressed or implied, oral or in writing and whether it

be a contract of service or of apprenticeship or a contract personally to execute

any work or labour.

17 of 1996.

4. There shall be constituted by the Minister, for the purpose of settling

trade disputes which cannot otherwise be determined, an Essential Services

Arbitration Tribunal, in this Act called “the Tribunal”.

5.-(1) The Tribunal shall consist of the following persons appointed by the

Minister, that is to say, three appointed members and two other members, one

of whom shall be chosen to represent employers and the other to represent

workers.

(2) The Minister shall appoint one of the three appointed members to be

Chairman of the Tribunal.

6. Panels of persons chosen to represent employers and workers re-

spectively shall be constituted by the Minister after consultation with

organisations, representative of employers and workers respectively, and the

members chosen to represent employers and workers at any sitting of the

Tribunal shall be selected by the Minister from the panels.

7. The appointed members shall hold office for such term and on such

conditions as to retirement as may be determined by the Minister.

8. The Minister shall appoint a secretary to the Tribunal and may appoint

such other officers and servants as he may consider necessary.

9.-(1) The quorum necessary to constitute a sitting of the Tribunal shall con-

sist of one appointed member, one member chosen to represent employers

and one member chosen to represent workers.

(2) In the absence of the Chairman at any sitting of the Tribunal, one of the

appointed members shall act as Chairman.

10. Except as otherwise expressly provided in this Act, the Tribunal may

regulate its procedure and proceedings as it thinks fit.

Constitution of

Arbitration

Tribunal.

40 of 1963.

Composition of

Tribunal.

Panels for

selection of

members.

Terms of office

of members.

40 of 1963.

Appointment of

Secretary and

other officers.

S. I. 17 of 1964.

Quorum.

Regulation of

proceedings of

Tribunal.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Settlement of Disputes in Essential Services [CAP. 298

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11.-(1) If any trade dispute exists or is apprehended, that dispute, if not other-

wise determined, may be reported to the Minister by or on behalf of either

party to the dispute, and the decision of the Minister as to whether a dispute

has been so reported to him or not and as to the time at which a dispute has

been so reported shall be conclusive for all purposes.

(2) The Minister shall consider any dispute reported to him under subsection

(1) and, if in his opinion suitable means for settling the dispute already exist by

virtue of the provisions of any agreement to which the parties are organisations

representative of employers and workers respectively, he shall refer the matter

for settlement in accordance with those provisions, so, however, that where a

matter has been referred for settlement in accordance with this subsection and

there is a failure to reach a settlement or, in the opinion of the Minister, a settlement

is unduly delayed, the Minister may cancel the reference and substitute therefor

a reference to the Tribunal.

(3) Where, in his opinion, no such suitable means of settlement exist as are

mentioned in subsection (2), the Minister shall take any steps which seem to

him expedient to promote a settlement of the dispute and may, if he thinks fit,

refer the matter for settlement to the Tribunal.

(4) Where steps to promote a settlement of the dispute have been taken

by the Minister under subsection (2) or subsection (3) (otherwise than by means

of reference to the Tribunal) and those steps have not resulted in a prompt

settlement of the dispute, the Minister shall refer the dispute for settlement to

the Tribunal and shall do so within twenty-one days of the date on which the

dispute was reported to him under subsection (1), unless, in his opinion, the

special circumstances of the case make it necessary or desirable to postpone

such reference.

(5) In the event of a disagreement among the members of the Tribunal

relating to any agreement, decision or award to be made on any dispute referred

to the Tribunal under this section, the agreement, decision or award of the

majority shall prevail, and in the case of an equality of votes on such agreement,

Trade disputes.

40 of 1963.

decision or award, the Chairman shall have a casting vote.

(6) Any agreement, decision or award made by virtue of this section shall

be binding on the employers and workers to whom the agreement, decision or

award relates and, as from the date of such agreement, decision or award or

as from such date as may be specified therein not being earlier than the date on

which the dispute to which the agreement, decision or award relates first arose,

it shall be an implied term of the contract between the employers and the

workers to whom the agreement, decision or 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 agreement, decision or award until

varied by a subsequent agreement, decision or award.

12. The Minister may refer to the Tribunal for advice any matter relating to or

arising out of a trade dispute or trade disputes which, in his opinion, ought to

be referred to it.

13.-(1) The Tribunal shall make its award or furnish its advice, as the case

may be, without delay and where practicable within twenty-one days from the

date of reference.

(2) An award on any matter referred to the Tribunal for settlement may be

made retroactive to such date not being earlier than the date on which the

dispute or question to which the award relates first arose.

(3) The decision of the Tribunal as to the date on which the dispute arose

shall be final.

14.-(1) Where any question arises as to the interpretation of any award of the

Tribunal, the Minister or any party to the award may apply for a decision on

such question and the Tribunal shall decide the matter after hearing the parties

or without such hearing if the consent of the parties has been first obtained.

Reference to

Tribunal for

advice.

Award to be

made without

delay and may

be retroactive.

Reference made

to Tribunal in

cases of

difficulty in

interpreting

award.

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No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Settlement of Disputes in Essential Services [CAP. 298

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(2) The decision of the Tribunal referred to in subsection (1) shall be notified

to the parties and shall be binding in the same manner as the decision in an

original award.

15. An employer shall not declare or take part in a lock-out and a worker

shall not take part in a strike in connection with any trade dispute, unless the

dispute has been reported to the Minister in accordance with the provisions of

this Act and a period of twenty-one days has elapsed since the date of the

report and the dispute has not during that time been referred by the Minister for

settlement in accordance with the provisions of this Act.

16. Any contravention of the provisions of section 15 shall, on summary

conviction, be punishable by a fine of two hundred and fifty dollars or by im-

prisonment for a term not exceeding six months, or by both such fine and term

of imprisonment:

Provided that no prosecution for such a contravention shall be instituted

without the consent of the Director of Public Prosecutions.

SCHEDULE

[Section 2 (a)]

Airports (Civil Aviation and Airport Security Services).

Electricity Services.

Health Services.

Hospital Services.

Monetary and Financial Services (Banks, Treasury, Central Bank of

Belize).

40 of 1963.

Prohibition of

lock-outs and

strikes.

Penalty.

1 of 1969.

15 of 1982.

S. I. 57 of 1973.

S. I. 92 of 1981.

S. I. 51 of 1988.

15 of 1982.

The National Fire Service.

The Port Authority (Pilots and Security Services).

Postal Services.

Sanitary Services.

The Social Security Scheme administered by the Social Security Board.

Telecommunications Services.

Telephone Services.

Water Services.

Services in which petroleum products are sold, supplied, transported,

conveyed, handled, loaded, unloaded or sold.