Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had requested the Government to clarify whether, under the terms of sections 74 of the Employment and Industrial Relations Act 2002 (EIRA), compulsory arbitration before the Industrial Tribunal could still be imposed over disputes of interest. The Committee had also requested information on the number of strikes and the incidents of recourse to the Minister’s power to refer disputes to the Industrial Tribunal at the request of only one party. The Committee had noted the Government’s explanation to the effect that, where a trade dispute exists or is apprehended, the parties to the dispute may agree to refer the dispute to the Director of Industrial and Employment Relations or to a conciliator chosen by the parties themselves or by the Director; thus the mechanism is purely voluntary. It is only where the parties choose to resort to conciliation, and the conciliator reports a deadlock, that the Director refers the matter to the Minister for eventual referral to the Industrial Tribunal. Furthermore, the Government had indicated that in 2007, five strikes were resolved through mediation and not through recourse to the Industrial Tribunal.

While noting this information, the Committee observes, nevertheless, that under section 74(1) and (3) of the Employment and Industrial Relations Act, where conciliation fails, any of the parties to the dispute may notify the Minister who in turn may refer the dispute to the Tribunal for settlement.

Further noting the information given by the Government that the Employment and Industrial Relations Act 2002 will be under review for possible amendment, the Committee requests the Government to ensure that due consideration is given, within this exercise, to amending section 74(1) and (3) of that law so that arbitration may not be imposed unless both parties agree. The Committee requests the Government to indicate any developments in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.