Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination in respect of employment. In its previous comments, the Committee had noted that section 11 of the Protection of Employment Act refers to protection against termination of employment on the grounds of union membership or participation in union activities. The Committee had recalled that, under the Convention, workers should enjoy adequate protection against any measures of anti-union discrimination both at the time of employment and throughout the course of employment, including up to the time of work termination (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 203 and 210). Noting the Government’s indication that the Committee’s recommendation will be submitted to the competent authority, the Committee once again requests the Government to take the necessary legislative measures so as to ensure that workers are granted adequate protection against acts of anti-union discrimination at the time of employment, and throughout the course of employment up to termination and to provide information on any development in this regard.

Sufficiently dissuasive sanctions. In its previous comments, the Committee had noted that, according to section 44(2) of the Protection of Employment Act, any employer who fails to comply with any of the provisions of this Act (including section 11 which prohibits anti-union dismissals) shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding 2,000 East Caribbean dollars (equivalent to US$745). The Committee had requested the Government to take the necessary measures to increase the amount of the existing sanctions so that they constitute a sufficient deterrent against all acts of anti-union discrimination. Noting the Government’s indication that the Department of Labour held discussions with the Minister of Labour and a legal consultant to provide assistance on labour matters in an effort to ensure that the existing sanctions outlined in the Act be increased according to the Committee’s recommendation, the Committee requests the Government to provide information on any development in this regard.

Article 2. Adequate protection against acts of interference. In its previous comments, the Committee had recalled that legislation should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference in order to ensure the application in practice of Article 2 of the Convention; moreover, to ensure that these measures receive the necessary publicity and are effective in practice, the relevant legislation should explicitly lay down these substantive provisions, as well as appeals and sanctions in order to guarantee their application (see General Survey, op. cit., paragraph 232). The Committee had requested the Government to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, against acts of interference. Noting that consideration will be given by the Government to adopt specific measures according to its recommendation, the Committee requests the Government to provide information on any development in this regard.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had noted that the laws referred to by the Government did not contain any provision concerning the right to bargain collectively. The Committee had requested the Government to take the necessary measures to explicitly recognize in legislation and to regulate the right of collective bargaining in conformity with the principles of the Convention. Noting that consideration will be given by the Government to adopt specific measures according to its recommendation, the Committee requests the Government to provide information on any development in this regard.