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Trade Unions And Employers039 Organizations - Picketing, Intimidation, Disputes, Etc. Ss 5356

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            (1) Notwithstanding anything contained in this Act or any other law-

     (a)     it shall be lawful for one or more persons, acting on their own or on behalf of a registered trade union or employers' organization or of an individual employer or a firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information or of peacefully persuading or inducing any person to work or to abstain from working; and

     (b)     it shall not be lawful for one or more persons, whether acting on their own behalf or on behalf of a registered trade union or employers' organization or of an individual employer or a firm and notwithstanding that they may be acting in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be for the purpose of obtaining or communicating information or of persuading or inducing any person to work or to abstain from working, if they so attend in such numbers or otherwise in such manner as to be likely-

           (i)       ...

          (ii)       to lead to a breach of the peace.

            (2) Any person who acts in a way declared unlawful by subsection (1) (b) shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding six months, or to both.

54.     Intimidation and annoyance

            Any person who, with a view to compelling any other person to abstain from doing or to do any act which that other person has a legal right to do or to abstain from doing, wrongfully and without legal authority-

     (a)     uses violence or intimidates that other person or that person's spouse or children or injures his property;

     (b)     persistently follows that other person about from place to place;

     (c)     hides any tools, clothes or other property owned or used by that other person or deprives him of the same or hinders him in the use thereof;

     (d)     watches or besets the house or place where the other person resides or works or carries on business or happens to be or the approach to such house or place; or

     (e)     follows that person in a disorderly manner in or through any street or road,

shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding six months, or to both.

55.     Conspiracy in trade disputes

            (1) Any agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute shall not be punishable as a conspiracy if such act committed by one person would not be punishable as a crime.

            (2) An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without such agreement or combination, would be actionable.

            (3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any enactment.

            (4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition or any offence against the President or in contravention of Part II, Division I, of the Penal Code.

            (5) For the purposes of this section, a crime means an offence the commission of which renders the offender liable to be imprisoned either absolutely or at the discretion of the court as an alternative to some other punishment.

56.     Freedom of association of employees

            (1) No employer shall make it a condition of employment of any employee that the employee shall not be or become a member of any registered trade union or other organization representing employees in any industry or of a particular registered trade union or other such organization or participate in the activities of a registered trade union or other such organization.

            (2) Notwithstanding anything to the contrary in any enactment, no employer shall prohibit an employee from being or becoming a member of any registered trade union or other organization such as is referred to in subsection (1) or of a particular registered trade union or other such organization or subject him to any penalty by reason of his membership or participation in the activities of a registered trade union or other such organization.

            (3) Any employer who contravenes this section and any other person who is knowingly a party to the contravention shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding 12 months, or to both.