Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee takes note of the Government's report.

With regard to the need to amend section 59(4)(a) of the Industrial Relations Act, so as to enable a simple majority of the voters in a bargaining unit (excluding those workers not taking part in the vote) to call a strike, as well as sections 61 and 65 of the same Act, to ensure that any resort to the courts by the Ministry of Labour, or by one party only, to end a strike is limited to cases of strikes in essential services in the strict sense of the term, that is to say those in which the strike would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis, the Government indicates in its report that another tripartite committee was appointed to review the whole of the Industrial Relations Act, chap. 88:01 and that it is still deliberating.

The Committee understands from the decisions of the courts that were provided by the Government with its report that the Ministry of Labour referred various matters to the Industrial Court under section 61(d) of the Industrial Relations Act. It appears that, over the years, the Ministry of Labour has intervened in services which are not essential services in the strict sense of the term and that acute national crisis was not at stake in any case. The Committee therefore requests the Government to provide information in its next report on the progress of the work of the committee appointed to review the Industrial Relations Act and would ask the Government to implement legislation along the lines it has been suggesting for many years.