Laboour Relations and Industrial Disputes Act

Link to law: http://www.moj.gov.jm/laws/laboour-relations-and-industrial-disputes-act
Published: 1975-04-08

LAB0 UR RELATIONS AND INDUSTRIAL DISPUTES 1

1.
2.

3.
4.

4 A.
5 .

5 A.
5B.

6.

7.
8.
9.

10.
11.

11A.
11B.

12.
13.

14.
15.

16.
16A.

THE LABOUR RELATIONS AND INDUSTRIAL
DISPUTES ACT

ARRANGEMENT OF SECTIONS

PART I- Preliminaw
Short title.
Interpretation.

PART 11. -Labour Relations

Labour relations code.
Rights of workers in respect of trade union membership.
Employer may recognize trade union without ballot being taken.
Ballots to determine bargaining rights.
Bargaining in good faith.
Notice of industrial action.
Collective agreements.

PART 111-Establishment and functions of the Industrial Disputes

Establishment of Industrial Disputes Tribunal.
Tribunal to sit in divisions.
Industrial disputes in undertakings providing essential services.
Minister may act in public interest to settle dispute.
Reference of disputes to the Tribunal at the request of the parties.
Minister may on his own initiative refer disputes to the Tribunal.
Reference of dispute of disciplinaty nature by Minister to the

Ahards of the Tribunal.
Mences in connection with unlawful industrial action.

Tribunal

Tribunal.

PART IV-Boards of Inquiry

hlinister may appoint Boards of Inquiry.
Reports'of Boards.

PART V-General provisions in respect of the Tribunal and
Boards of Inquiry

Appearance before the Tribunal and Boards.
Power of Tribunal to hear industrial disputes.

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2 LABOUR RELATIONS AND INDUSTRIAL DISPUTES

17. Power to summon witnesses and administer oaths.
18. Duty and privileges of witnesses.
19. The Tribunal and Boards may sit in private.
20. The Tribunal and Boards may regulate their procedure and

21. Remuneration and protection of members of Tribunal and of
proceedings.

Boards.

PART VI-Miscellaneous

22.
23.
24.
25.
26.
27.
28.
29.

30.
31.

32.

Change of ownership of undertaking during an industrial dispute.
Expenses incurred for purposes of this Act.
Special provisions as to frnes and attachment.
Application to Government and its employees.
Service of documents.
Regulations.
Power to amend First and Fifth Schedules.
Special provisions in respect of certain awards. settlements and

Employer in essential services to keep register of workers.
Prohibition of industrial action while appeals from the Tribunal are

Prohibition of industrial action prejudicial to the national interest.

agreements.

pending in Court.

SCHEDULES

~~ ~

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LABOUR RELATIONS AND INDUSTRZAL DISPUTES 3

THE LABOUR RELATIONS AND INDUSTRIAL ~ c t s
14 of 1975,

DISPUTES ACT 13 or 1978,
14 of 1983

7 of 1986,
[8th April, 1975.1 13 of 2002,

8 of 2010.

PART I. Preliminary .
1. This Act may be cited as the Labour Relations and Indus- short title.

trial Disputes Act.
2. In this Act unless the context otherwise requires- lnterpreta-

tion.

: "action" includes any refusal or failure, to act, and any . reference to taking action shall be construed accord-
ingly;

"bargaining rights" means rights to participate, on behalf of
the workers in relation to whom that expression is used,
in negotiations in'respect of-

(a) the terms and conditions of employment of those
workers, or the physical conditions in which any of
them are required to work;

. (b) engagement or non-engagement or termination or sus-
pension of employment, of any worker;

(c) allocation of work as between workers or groups of
workers;

"bargaining unit" means those workers or categories of

a workers of an employer in relation to whom collective bargaining is, or could appropriately be carried on;
"Board" means a Board of Inquiry appointed under this Act;

"collective agreement" means any agreement or arrange-
ment which-

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4 LABOUR RELA TIONY AND INDUSTW L DISPUTES

(a) is made (in whatever way and in whatever form)
between one or more organizations representing
workers and either one or more employers, one
or more organizations representing employers, or
a combination of one or more employers and one
or more organizations representing employers;

(b) contains (wholly or in part) the terms and condi-
tions of employment of workers of one or more
categories;

a
"collective bargaining" means negotiations between one or

more organizations representing workers and either one
or more employers, one or more organizations represen-
ting employers, or a combination of one or more em-
ployers and one or more organizations representing
employers;

"contract of employment" means a contract of service or of
apprenticeship, whether it is express or implied, and (if
it is express) whether it is oral or in writing;

"employer" means a person for whom one or more workers
work or have worked or normally work or seek to work;

"essential service" means any of the services set out in the
First Schedule. First Schedule;

"industrial action" means-

(a) any lock-out; or

(b) any strike; or

(c) any course of conduct (other than a lock-out or
strike) which, in contemplation or furtherance of
an industrial dispute, is canied on by one or
more employers or by one or more groups of
workers, whether they are parties to the dispute
or not, with the intention of preventing or redu-
cing the production of goods or the provision of
services;

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LABOUR RELATIONS AND INDUSTRLAL DISPUTES 5

"industrial dispute" means a dispute between one or more 812010
employers or organizations representing employers and S. 2.
one or more workers or organizations representing
workers, and-

(a) in the case of workers who are members of any
trade union having bargaining rights, being a dis-
pute relating wholly or partly to-

(i) terms and conditions of employment, or
the physical conditions in which any
workers are required to work;

(ii) engagement or non-engagement, or term-
ination or suspension of employment, of
one or more workers;

(iii) allocation of work as between workers
or groups of workers;

. .
(iv) any matter .affecting the privileges,

rights and duties of any employer or
organization representing employers
or of any worker or organization
representing workers; or

(v) any matter relating to bargaining: rights
. . . . on behalf of any worker;.

(b) in the case of workers who are not members of
any trade union having bargaining rights, being a
dispute relating .wholly to one or more of the
following:

(i) the physical conditions in which any .
such worker is required to work;

(ii) the termination or suspension of em-
ployment of any such worker; or

(iii) any matter affecting the rights and
duties of any employer or organization

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LABOUR RELATIONS AND INDUSTRZAL DISPUTES

representing employers or of any worker
or organization representing workers;

"lock-out" means action which, in contemplation or
furtherance of an industrial dispute, is taken by one
or more employers, whether parties to the dispute or
not, and which consists of the exclusion of workers
from one or more places of employment or of the
suspension of work in one or more such places or
of the collective, simultaneous or otherwise connected
termination or suspension of employment of a group of
workers;

"strike" means a concerted stoppage of work by a group
of workers in contemplation or furtherance of an
industrial dispute, whether those workers are parties
to the dispute or not, and whether it is carried
out during, or on the termination of, their employ-
ment;

.- "terms and conditions of employment" means the terms
and conditions on which one or more workers are, or
are to be, required to work for their emp 1 oyers;

"the Tribunal" means the Industrial Disputes Tribunal
established under this Act, and includes any division
thereof;

"undertaking" includes a trade or business and any activity
involving the employment of workers; .,

"worker" means an individual who has entered into or
1312002 works or normally works (or where the employment has
s. 2 (b). ceased, worked) under a contract, however des-

cribed, in circumstances where that individual works
under the direction, supervision and control of the
employer regarding hours of work, nature of work,
managemeqt of discipline and such other conditions

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LABOUR RELATIONS AND INDUSTRLA L DISPUTES

as are similar to those which apply to an employee.

PART 11. Labour Relations

3.+1) The Minister shall prepare and lay before the Senate Labour
and the House of Representatives, before the end of the period z:ys
of one year beginning with the 8th April, 1975, the draft of
a labour relations code, containing such practical guidance as in
the opinion of the Minister would be helpful for the purpose
of promoting good labour relations in accordance with-

(a) the principle of collective bargaining freely conducted
on behalf of workers and employers and with due
regard to the general interests of the public;

(b) the principle of developing and maintaining orderly
procedures in industry for the peaceful and expeditious
settlement of disputes by negotiation, conciliation or
arbitration;

(c) the principle of developing and maintaining good
personnel management techniques designed to secure
effective . co-operation between workers and their
employers ' ,and io protect workers and employers
against unfair labour practices.

(2) If the draft laid under subsection (1) is approved by a
resolution of the Senate and of the House of Representatives the
Minister shall-

. (a) .cause it to be published in the Gazette; and

(b) by notice published in the Gazette specify the date on
which it shall come into operation.

(3) The Minister may from time to time revise the
whole or any part of any labour relations code which is
for the time being in operation under this Act, so, however,
that a draft of the revised code, or of the revised part of
the' code, as the case may be, shall be laid before the Senate

' and the House, 'of Representatives, and subsection (2) slid1
apply thereto as it applies to the draft laid under subsection
(1 \.

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Rights of
workers in
respect of
trade union
membership

1312002
S. 3 (a) ( i i ) .

1312002
S. 3 (b).

LABOUR RELATIONS AND INDUSTRIAL DISPUTES

(4) A failure on the part of any person to observe any
provision of a labour relations code which is for the
time being in operation shall not of itself render him liable
to any proceedings; but in any proceedings before the Tribunal
or a Board any provision of such code which appears to the
Tribunal or a Board to be relevant to any question arising in the
proceedings shall be taken into account by-the Tribunal or Board
in determining that question.

4 . 4 1 ) Every worker shall, as between himself and his
employer, have the right- ,

(a) to be a member of such trade union as he may choose;

(b) to take part, at any appropriate time, in the activities of
any trade union of which he is a member;

(c) not to be a member of a trade union.

(2) Any person who-
(a) prevents or deters a worker from exercising any of the

rights conferred on him by subsection (I); or

(b) dismisses, penalizes or otherwise discriminates against
a worker by reason of his exercising any such right,

shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
five hundred thousand dollars.

(3) Where an employer offers a benefit of any kind to
any workers as an inducement to refrain from exercising a right
conferred on them by subsection (1) and the employer-

(a) confers that benefit on one or more of those workers
who agree ,td' refrain from exercising that right; and

(b) withholds it from one or more of them who do not
agree to do so,

the employ& shall for the purposes of this section be regarded,
in relation to any such worker as is mentioned in paragraph (b),
as having thereby discriminated against him by reason of his
exercising fiat right.. -

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LABOUR RELATIONS AND INDUSTRUL DISPUTES 9

(4) In this section “appropriate time”, in relation to a
worker takmg part in any activities of a trade union, means time
which either-

(a) is outside his working hours; or
(b) is a time within his working hours at which, in

accordance with arrangements agreed with, or consent
given on behalf of, his employer, it is permissible for
him to take part in those activities,

and in this subsection “working hours”, in relation to a worker,
means any time when, in accordance with his contract with his
employer, he is required to be at work.

4A. Where the majority of the workers or a particular ‘JV~W
category of workers, in the employment of an employer, agree rccogni,c
among themselves for a trade union to have bargaining rights in
relation to them, the employer may recognize that trade union as hallo1 hsing
having bargaining rights in relation to those workers without a
ballot being taken for the purpose of determining the matter ‘ m O 2

mav

without

b 4

Ilallot\ ((1
dctsrmtne

5.-(1) If there is any doubt or dispute-
(a) as to whether the workers, or a particular category of tjargiiining

the workers, in the employment of an employer wish righ’\
any, and if so which, trade union to have bargaining
rights in relation to them, or

(h) as to which of two or more trade unions claiming
bargaining rights in relation to such workers or
category of workers should be recognized as having
such bargaining rights,

the Minister shall cause a ballot of such workers or category of
workers to be taken for the purpose of determining the matter.

(2) Where the Minister decides to cause any ballot to be
taken under this Act he shall cause such arrangements as he
thinks fit to be made to secure that the ballot is properly
conducted and that the voting in the ballot will be kept secret

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5 ( . , ,

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10

(3) Where the Minister decides to cause a ballot to be
taken and there is a dispute, which he has failed to settle, as
respects the category of workers of whom the ballot should be
taken or the persons who should be eligible to vote in the ballot,
the Minister shall refer the dispute to the Tribunal for
determination. The Tribunal shall, in determining any dispute
referred to it under this subsection, have regard to the provisions
of any regulations made under this Act and for the time being i n
force in relation to ballots.

(3A) Where under subsection (3) the Minister refers a
dispute to the Tribunal, it shall be lawful for the Tribunal, in
determining the dispute, to determine the bargaining unit in
which the workers concerned may, for the time being. bc
included.

13 2002
s. 5 (h).

(4) The Minister shall, as soon as may be afier he has
ascertained the result of any ballot taken under this Act, issue to
the employer and every trade union concerned in that ballot a
certificate, in such form as may be prescribed, setting out the
result of the ballot.

( 5 ) If the result of the ballot shows that the majority of
the workers who were eligible to vote indicated that they wish a
particular trade union to have bargaining rights in relation to
them, their employer shall, so soon as he receives the certificate
referred to in subsection (4), recognize that trade union as
having bargaining rights in relation to the workers who were
eligible to vote and in relation to any bargaining unit in which
they may, for the time being, be included.

(6) Where a ballot is taken, for the purpose of
determining which, if any, of two or more trade unions should
have bargaining rights and the result of the ballot shows that

10.01

13 2002
s. 5 (C).

13 ZJ(J2
S. 5 (d) ( i ) .

13 2002
S. 5 (d) (i i) .

13 2002
s. 5 (2).

each of two or three of those trade unions receives the votes of
not less than thirtv per centim of the number of workers who
&ere elisible to vote the Minister shall. at the request in writing
of not less than two of the trade unions which received the votes
as aforesaid. inform the employer iil writing that those trade
unions mish to be recognized as having joint bargaining rights
in relation to the workers who were eligible to vote and in
relation to any bargaining unit in which they may, for the time
being, be included, and the employer shall. so soon as he
receives such information. recognize those trade unions
accordingly

(7) Any person who, without reasonable cause-

(a) obstructs any person authorized in writing by the
Minister to take any ballot pursuant to this section
while such person is carrying out his duties; or

( b ) prevents any worker who is eligible to vote in a ballot
from voting,

shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
two hundred and fifty thousand dollars.

(8) Any employer who contravenes the provisions of
subsection ( 5 ) or (6) shall be guilty of an offence and shall be
liable on summary conviction before a Resident Magistrate to a
fine not exceeding five hundred thousand dollars and in the
case of a continuing offence to a hrther fine not exceeding
ten thousand dollars for each day on which the offence continues
after conuiction.

(9) Subject to the provisions of subsections (2), (3) and
(4) every ballot under this Act shall be taken in accordance with
such procedure and subject to such conditions as shall be
prescribed.

(10) Where, whether before or after the 8th April, 1975,
bargaining rights were granted, with or without the taking of a

10.02 LABOUR RELATIONS AND INDUSTRIAL DISPUTES

ballot, to a trade union in respect of workers or a particular
category of workers in the employment of any employer and
those rights were in existence immediately before the 28th day
of March, 2002, those rights shall continue to be exercised by
that trade union after that date.

Bargaining in

, 3 zooz
S . 6.

5A.-( 1) Where pursuant to section 5 (5) or (6) , a trade union
is recognized as having bargaining rights in relation to workers
or a category of workers, the trade union shall give to the
employer, within fifteen days of being so recognized or such
longer period as the trade union and the employer may agree, a
notice in writing stating that the trade union is desirous of
making a cofiective agreement with the employer.

(2) Where a claim is served by one party on the other in
relation to wages and fringe benefits or other conditions of
service, both parties shall, within thirty days of the date of
service of the notice, conduct negotiations in good faith and
make every reasonable effort to conclude a collective
agreement.

5B.-41) Where industrial action is contemplated to be taken
in any of the services specified in the Fifth Schedule, notice in
writing of such industrial action shall be given to the Minister
and the employer by any party to the dispute or by any person
acting on behalf of such party not less than seventy-two hours
before the commencement of such industrial action.

(2) Where no notice is given pursuant to subsection (1)
or notice is not given within the period specified in that
subsection, the industrial action taken shall be deemed to be
unlawful.

6 - 4 1 ) Every collective agreement which is made in writing
after the 8th April, 1975, shall, if it does not contain express
procedure for the settlement, without stoppage of work, of
industrial disputes between the parties, be deemed to contain the
procedure specified in subsection (2) (in this section referred to
as the implied procedure).

good faith.

Notice of

1 3 m o 2

schcduic.

industrial
action.

S. 6.
Fifth

Collcclivc
agreeemmts.

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LABOUR RELATIONS AND INDUSTRIAL DISPUTES

(2) The implied procedure shall be-
(U) the parties shall first endeavour to settle any dis-

pute or difference between them by negotiation;
and

(b) where the parties have tried, but failed, to settle a
dispute or difference in the manner referred to in
paragraph (U) any or all of them may request the
Minister in writing to assist in settling it by means
of conciliation; and

(c) all the parties may request the Minister in writing
to refer to the Tribunal for settlement any dispute
or difference which they tried, but failed, to settle
by following the procedure specified in paragraphs
(a) and (6).

PART III. Establishment and functions of the Industrial
Disputes Tribunal

7 4 1 ) There shall be established for the purposes of this Establish-
Act a tribunal to be called the Industrial Disputes Tribunal lndurtrial

(2) The provisions of sections 8 and 10 and the Trlbuna'.
Second Schedule shall have effect as to the constitution ;y$,e
of the Tribunal and otherwise in relation thereto.

"lent "f

Diipulw

8.-(l) The Tribunal shall sit in such number of divisions tu Tribunal 311 10
as may from time to time be necessary. dnwoar.

(2) A division of the Tribunal shall-
(a) where the Tribunal proposes to deal with an indus-

trial dispute which, in the opinion of the chairman,
arises from the interpretation. application.
administration or alleged violation of a collective
agreement, consist of-

(i) one member of the Tribunal, who shall be
either the chairman or one of the deputy
chairmen selected by the chairman: or

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LABOUR RELATIONS A N D INDUSTRIAL DISPUTES

(ii) three of the members of the Tribunal select-
ed in the manner specified in paragraph (c),
if all the parties inform the chairman in
writing that they wish the matter to be
dealt with by a division consisting of three
members;

(b) where the Tribunal proposes to deal with an indus-
trial dispute referred to it under section 10 and
three special members are appointed in accord-
ance with the provisions of that section for the
purpose, consist of those members;

(c) in any other case consist of-
(i) either the chairman or one of the deputy

chairmen; and
(2) one of the members of the Tribunal who

was appointed by the Minister from the
panel supplied to him by organizations
representing employers, or from a panel
constituted by him in lieu thereof, in accord-
ance with the Second Schedule; and

(iii) one of the members of the Tribunal who
was appointed by the Minister from the
panel supplied to him by organizations re-
presenting workers, or from a panel con-
stituted by him in lieu thereof, in accord-
ance with the said Schedule,

who shall be selected by the chairman to constitute
the division.

(3) Where three of the members are selected under
subsection (2) to constitute a division of the Tribunal and
the chairman is one of those members, he shall preside over
that division, and where the chairman is not one of those
members, a deputy chairman shall preside.

(4) Where three members of the Tribunal constitute
a division thereof and any one of those members dies or

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LABOUR RELA TIONS AND IND USTRIAL DISPUTES 13

incapacitated or ceases to be a member thereof for any other 132002
reason after the division begins to deal with the industrial
dispute in relation to which it was constituted but before it has
made its award, another person shall be selected in accordance
with the provisions of paragraph (c) of subsection (2) to fill the
vacancy, thereafter the proceedings of the division shall be
begun de HOW unless all the parties to the dispute agree in
writing that those proceedings may be continued as if they had
not been interrupted by reason of such death or incapacity or
cessation

(5) A division of the Tribunal may, by agreement
between the chairman of the Tribunal and the parties to the
dispute with which the division proposes to deal, be assisted by
one or more messors appointed by the employer or an
organization representing the employer and an equal number of
assessors appointed by the trade union representing the workers

( 6 ) Where any division of the Tribunal is being assisted
by assessors and any vacancy occurs in the number of assessors.
that division may, by agreement between the person presiding
and the party which appointed the assessor whose place has
become vacant, either act notwithstanding such vacancy or
permit another assessor to be appointed by that party to fill the
vacancy

(7) The validity of the proceedings of a division of the
Tribunal shall not be affected-

13 2002
s 7 ( h )

(U ) by any vacancy in the number of assessors; or

(h) by reason of the fact that such proceedings are not
begun de t i o w after the filling of any such vacancy

(8) The decisions of every division of the Tribunal
which consists of three members shall be by the votes of the
majority of those members and where the result of the voting in
respect of any question shows that there is no agreement
between any two of those members, the decision in respect of
that question shall be made by the person presiding. Assessors
shall not vote.

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14 LABOUR RELATIONS AND INDUSTRIAL DISPUTES

(9) The Arbitration Act shall not apply to any
proceedings of the Tribunal or to any decision or award made by
it

Industrial 9 . 4 1 ) Any industrial dispute existing in an undertaking
which provides an essential service may be reported to the

providing Minister in writing by any party to the dispute or by any person
acting on behalf of any such party

disputes in
undertakings

essential
s e n i c e ~

(2) A report under subsection (1) shall state-

(a) whether the person making the report knows of any
steps which have been taken towards a settlement of
the dispute, and if so, what are those steps and the
result thereoc and

(h ) whether there is in force any collective agreement
between the parties to the dispute, and if so, whether
such agreement includes express procedure for the
settlement of disputes of the kind referred to in such
report

(3) Subject to the provisions of subsection (7), where a
report is made under subsection ( 1 ) the Minister shall, during
the period of ten days beginning on the day on which he receives
the report-

(a) refer the dispute to the Tribunal for settlement if he is
satisfied that attempts were made, without success, to
settle the dispute by such other means as were
available to the parties; or

(h ) give directions in writing to the parties to pursue such
means as he shall specify to settle the dispute if he is
not satisfied that attempts were made to settle the
dispute by all such means as were available to the
parties.

(4) If any of the parties to whom the Minister gave
directions under paragraph (h ) of subsection (3) to pursue a
means of settlement reports to him in writing that such means
has been pursued without success the Minister shall

I I lic IIICIU~IIIIII 01 th i \ 11,ipc I\ ,iii~Iii~ri/cil by I N XX12003I

during the period of ten days beginning on the day on which he
receives that report, refer the dispute to the Tribunal tbr
settlement.

dispute exists in an undertaking which provides an essential
.;ervice but no report thereof has been made to the Minister
pursuant to subsection ( I ) , the Minister may take such action
under paragraph (a) or (h) of subsection (3) as he thinks tit; and
where he takes action under paragraph (h), subsection (4) shall
apply in relation thereto.

(S) Any industrial action taken in conteinplatioti o r
furtherance of an industrial dispute in any undertaking which
provides an essential service is an unlawful industrial action
unless-

(a) that dispute was reported to the Minister in accordance
with subsection ( 1 ) and he failed to comply with
subsection (3) or subsection (4) or subsection (7); or

(h) that dispute was referred to the Tribunal for settlement
and the Tribunal failed to make an award within the
period specified in section 12.

(6) The Minister may, so soon as he is satisfied that any
unlawfkl industrial action in contemplation or furtherance of an
industrial dispute in an undertaking which provides an essential
service has begun, refer that dispute to the Tribunal for
settlement.

(7) Where ap industrial dispute exists in any undertaking
which provides an essential service and the Minister is satisfied
that the dispute relates to the appointment of any person to a
public of ice or to removal of, or disciplinary action taken
against, any person holding or acting in a public ofice, the
Minister shall not refer the matter of that appointment, or
removal or disciplinary action to the Tribunal but shall cause to
be served on the parties directions in writing requiring them to
follow, in respect of that matter, the procedure provided by or
under the Constitution of Jamaica.

(4A) Where the Minister is satistied that an industrial ~'J"'':

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16

(8) In this section and section 10 "public office" has the
meaning assigned to that expression by the Constitution of
Jamaica

(a ) an industrial dispute exists in any undertaking other
than an undertaking which provides an essential
senice. and

( h ) any industrial action in contemplation or hrtherance of
that dispute has begun or is likely to begin; and

( c ) the condition specified in subsection (2) is hlfilled,
the Minister may by order, which shall be subject to negative
resolution of the House of Representatives, declare that any
industrial action taken in contemplation or hrtherance of that
dispute is likely to be gravely injurious to the national interest.

(2) The condition referred to in paragraph (c) of
subsection ( 1 ) is that the industrial action referred to in
paragraph ( h ) of that subsection has caused, or (as the case may
be) would cause, an interruption in the supply of goods or in
provisions of services of such a nature, or on such a scale, as to
be likely to be gravely injurious to the national interest.

(3) Where the Minister decides to make an order under
this section he shall, on or before the date of publication of the
order, cause to be served on the parties to the dispute-

' I i l l l < t e r lll"\

\CtI lC Jl\ I N N8 20031

( h ) being a witness, leaves the Tribunal or the Board, as
the case may be, without the permission of the
Tribunal or the Board; or

( c ) being a witness, refuses, without sufficient cause, to
answer any question put to him by or with the
permission of the Tribunal or the Board; or

(d) wilfully obstructs or interrupts the proceedings of the
Tribunal or the Board,

shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
fifty thousand dollars. 13 2002

s. 12.
19.-( 1 ) The Tribunal or a Board may sit in private for the 'I'Iie'I'ri-

purpose of hearing evidence if, in the opinion of the Tribunal or F;,','~;i\~~~~l,
of the Board, as the case may be, the interests of the parties or of XII it1
the public so require.

(2) No evidence given before the Tribunal or a Board,
at a hearing held in private in accordance with the provisions of
subsection ( l ) , shall be disclosed to any person except with the
consent of the Tribunal or of the Board, as the case may be.

( 3 ) Any person who discloses any evidence in
contravention of subsection (2) shall be guilty of an ot'fence and
shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding one hundred thousand dollars. 13 2Oo2

20. Subject to the provisions of this Act the Tribunal and a 'I'Iic'i'ri-

pri \:ire

s. 13.

Board may regulate their procedure and proceedings as they F ; , ' ~ ~ ~ ~ & ~ i l ,
think fit. rcgihlc

rlicir
proccdurc
iitid pro-
cceJitigs

21.-( 1 ) There shall be paid to the members of the Tribunal Kcmuncr-
and of Boards and to any assessors assisting the Tribunal such ~ , ~ ~ ~ ~ , ~ , ,
remuneration, whether by way of honorarium, salary or fees, olnicmhcrs

ol"l'rihutiol
; l i d 01'

i3oitriis

and such allowances, as the Minister may determine.

I I IIC IIIC~IIUIIII 01 t111\ I M C C I \ .IIIIJIOII/CLI IV I N SS'IIIOII

30 LABOUR RELA TlONS AND INDiJSTRlAI, IIIsI'i/TES

Change of
ownership of
undertaking
during an
industrial
dispute.

Ex pc n s e s
incurred for

this Act.
purposcs of

Special
provisions as
to tines and
attachment.

(2) No action, suit or other proceedings shall be brought
or instituted personally against any member of the Tribunal or of
a Board in respect of any act done honn.fide in the course of the
operations of the Tribunal or the Board, as the case may be.

PART VI. A4iscellatieoir.s
22. Where a change occurs (whether by virtue of a sale or

other disposition or by operation of law) in the ownership of an
undertaking while an industrial dispute exists in that
undertaking, the dispute shall not be taken to be terminated by
reason only of such change, and references in this Act to an
employer shall, in relation to such dispute, apply to the person
who is the owner of the undertaking immediately after the
change occurs as they apply (or would, but for such change,
have applied) to the person who is the owner immediately before
the change occurs.

23. Any expenses incurred by the Minister in giving effect to
the provisions of this Act, including the payment of
remuneration and allowances, shall be paid out of the
Consolidated Fund.

24.-(I) Any fine imposed by a Resident Magistrate on the
conviction of any person prosecuted for an offence under this
Act (other than any offence under subsection (9) of section 12,
or subsection (2) of section 18 or subsection (3) of section 19),
or under regulations made under this Act, shall be deemed to be

* a sum for the payment of which judgment has been given by a
Resident Magistrate in the exercise of the civil jurisdiction
assigned to him, and the provisions of the Judicature (Resident
Magistrates) Act in relation to-

(a) judgments given in a court in an action at common
law for the payment of any sum; and

(h) the payment of interest on such judgments; and

(L’) the procedure fix satisfaction of such judgn~ei~ts,
shall apply to such tine as they apply t o siiiiis tbr the
payment of which judgment has been siveii as aforesaid without
limit of amount; and as respects such tine the Crown
shall be deemed to be the judgment creditor and the person
on whom the tine is imposed shall be deemed to be the
party against whoni judgment has been obtained

(2) Without prejudice to any other method of en-
fbrcing payment of any tine imposed by a Resident Magis-
trate on the conviction of any person prosecuted for an
offence under subsection (9) of section 12, or subsection (2)
of section 18 or subsection (-3) of section 19, payment niay
be enforced in the manner provided in subsection ( I ) ot
section 195 of the Judicature (Resident Magistrates) Act
in respect of fines for which no espress provision is made
as to the mode ofenforcement.

(3) On the conviction of any person prosecuted for
an otfence under subsection (9) of section 12 or subsection
(2) of section 18 a Resident Magistrate niay, on an applica-
tion made to him for either a writ of attachment or an
order on that person to show cause why he should not be
attached for disobeying the Tribunal or for doing any act
referred to in subsection (2) of section 18, direct that a writ ot
attachment in the form set out in the Fourth Schedule issue SCl,CdLIIL‘
against him.

(4) Subject to the provisions of subsection (3) the
provisions of section 651 of the Judicature (Civil Procedure GIP 177
Code) Law shall apply, with such modifications as may be ~ ~ ~ e ~ ~ ’ ’ ~
necessary, in relation to an application under subsection
(3) as they apply in relation to an application under the
said section 65 1.

( 5 ) It shall not be necessary for a Resident Magis-
trate, where he is dealing with an application under sub-
section (3), to have regard to the fact that he has, or has
not, imposed a fine on the person in respect of whom the

I;ollrtll

32

.\pplication to
(iovcrnmt'nt
and its
cmplovccs.

14 19x3
S O

13 2002
S 14

7 I ox0
s 0.

I 3 2002
s I4

LABOUR RELATIONS AND INDIJSTRIAL DISPIJTES

application is made for the offence in respect of which the
application is made.

2 5 . 4 1 ) Subject to the provisions of subsections (2) and (3),
this Act applies in relation to employment in the service of the
Government and to workers employed by the Government as it
applies in relation to other employment and to other workers.

(2) This Act. does not apply to employment in the
Jamaica Defence Force or in the Jamaica Constabulary Force,
the Island Special Constabulary Force or the Rural Police, or to
persons employed in those Forces.

(3) Sections 5 and 5A do not apply to the Government or
to workers employed by the Government, and subsections (5)
and (9) of section 12, section 13 and subsection (3) of section 30
do not apply to the Government.

(4) Sections 5 and 5A do not apply to the Kingston and
St. Andrew Corporation or any Parish Council or to workers
employed by the Kingston and St. Andrew Corporation or any
Parish Council.

Scnicc 01
docllliic.li'\

26. Any award or other document which may be, or is
required by or under this Act to be, served on or given to any
person or trade union shall be deemed to be served or given if it
is delivered to that person or is sent to him by registered post at
his last known place of business or abode or, in the case of a
trade union or any other body or association of persons, if it is
delivered or sent by registered post to the secretary or clerk of
that trade union or other body or association at its registered or
principal ofice.

27.-(I) The Minister may make regulations for the better
carrying out of the provisions of this Act and in particular but
without prejudice to the generality of the foregoing, may make
regulations-

(a) as to the formation and composition of bargaining
units;

(h ) as to the furnishing of information to the Minister in
relation to collective agreements;

I- an order made by me in thls Court on

19
be attached for (disobeying the Industrial Disputes Tribunal. or for doing an
act referred to in subsection (2) of section 18 of the Labour Relations and
Industrial Disputes Act. namely (specifi-ing the act). as the case may be):

I command you the said Bailiff to arrest and apprehend the said
and hun safely to conve>- to

Prison and to deli\.er him to the Keeper of the

and h m safelj- to keep in the said prison until the

. it was ordered that (name)

said prison AND >-ou the said Keeper to receive the said

further order of this Court.
Signature of Resident A\ Jagistrate.

FIFTH SCHEDULE (Sections 5B and 28) 13 2002
s. 21.

Air transport senices for the carriage of passengers. baggage. mail or cargo
destined to or from or withm Jamaica:
Banana senices
Any business whose main function consists of-

the issue and redemption of currenq:
the issue and redemption of Government Securities and the trading in
such securities:
management of the official resenes of the Island:
administration of exchange control; and
providing banking senices to the Government.

Banking senices
Bausite and alumina senices
Marine senices
Public passenger transport senices
Sugar and its by-products services
Telephone senices
Tourism services,
Read Entire Law on www.moj.gov.jm