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.
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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.
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Belmopan, by the authority of
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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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(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.