Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 201226. Appeals of the Tribunal(1) A decision of the Tribunal is final and may only beappealed on a point of law by way of case stated to theCourt of Appeal.(2) An appeal under subsection (1) shall be brought within28 days of the issuance of the written decision.27. Awards of the Tribunal(1) The Tribunal in the exercise of its powers shall—(a) make such order or award in relation to a disputebefore it as it considers fair and just, having regardto the interests of the parties and the community asa whole;(b) act in accordance with equity, good conscience andthe substantial merits of the case before it, with dueregard to the principles and practices of goodindustrial relations.(2) An award of the Tribunal shall be recoverable as a civildebt.(3) A certificate signed by the Chairperson of the Tribunalshall be conclusive evidence in any court of the debt.28. Order by Tribunal(1) The Tribunal shall have the power to make ordersdeclaring the rights of the parties in any matter arisingout of this Code.(2) Failure of any party wilfully or without cause to complywith an order shall be an offence punishable onsummary conviction by a fine of $1,000.00.(3) The Chairperson of the Tribunal shall have the power toinstruct the Labour Commissioner to take action underthis section on the Tribunal’s behalf.29. Strike and lockout(1) A strike shall not take place in an essential service.26
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(2) A strike shall not take place in an undertaking that is notan essential service unless—(a) the Commissioner has failed to achieve a settlementwithin the period specified under section 22(3);(b) 50 percent plus 1 of the employees voted in favourof a resolution for that action; and(c) at least 3 working days written notice is given to theMinister, the employer and any other interestedparty, of an intention to embark on that action.(3) A lockout shall not take place in an essential service.(4) A lock out shall not take place in an undertaking that isnot an essential service unless—(a) the Commissioner has failed to achieve a settlementwithin the period specified under section 22(3); and(b) at least 3 working days written notice is given to theMinister, the employees and any other interestedparty, of an intention to embark on that action.(5) A strike or lockout shall cease on reference of thedispute by the Commissioner to the Tribunal.(6) A person who contravenes this section commits andoffence and is liable on summary conviction to a fine$3,000.00.PART 4—BASIC CONDITIONS OF EMPLOYMENT30. Conformity with Code(1) An employer shall provide terms and conditions ofemployment of his or her employees that are no lessthan the minimum provisions of the Code.(2) An employer, who grants to an employee terms andconditions that are less than the minimum standards ofthe Code, shall be required to remedy the breach fromthe date of employment of the employee.27
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Labour Code 2012 - Government of Montserrat

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