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The Committee takes note of the Government’s report and of the adoption of the Trade Unions and Employers Organizations (Registration, Recognition and Status) Act, Chapter 304, which came into force on 31 December 2000.

Article 1 of the Convention. In its previous observation, the Committee recalled that since 1989 it had been drawing the Government’s attention to the need to ensure that workers benefit from adequate protection against anti-union discrimination and it requested that the Government take measures to amend its legislation, given that the monetary penalties did not exert a sufficiently dissuasive effect against acts of anti-union discrimination. The Committee notes with satisfaction that the Trade Unions and Employers Organizations (Registration, Recognition and Status) Act prohibits acts of anti-union discrimination against workers, in taking up employment and in the course of employment, including dismissals, disciplinary measures, termination and any other prejudicial action, provides that in the case of allegations of acts of anti-union discrimination the burden of proof lies on the accused, and provides that the Supreme Court may reinstate the employee, or make any orders it may deem just and equitable, including, without limitation, orders for restoration of benefits and other advantages, and the payment of compensation.

The Committee also takes note of section 44 of the Act, under which any person, who contravenes any provision of the Act for which no penalty is specifically provided, is liable to a maximum fine of $5,000 or to imprisonment up to a maximum of five years.

Articles 3 and 4. The Committee notes that, under section 22(1) of the Act, a tripartite body appointed by the Minister is responsible for the certification of any trade union for the purpose of negotiating any collective bargaining agreement. However, under paragraph 2 of section 28(1), the tripartite body shall not certify any trade union as the bargaining agent unless the trade union has received 51 per cent of the votes. The Committee recalls that problems may arise when the law stipulates that a trade union must receive the support of more than 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent; a majority union which fails to secure this absolute majority is thus denied the possibility of bargaining. The Committee considers that when no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members. The Committee requests the Government to take the necessary measures in order to guarantee that the legislation is in conformity with this principle.