Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report.

Articles 2 and 4 of the Convention. The right of workers and employers to establish and join organizations of their own choosing without previous authorization and dissolution by the administrative authority. In its previous comments, the Committee had asked the Government to reduce the number of members (ten) required for the registration of an employer’s organization (sections 5(2) and 9 of the Labour Relations Act, 1999). The Committee notes the Government’s reply that no complaints have been made by the Grenada Employers’ Federation or any other employers’ organization in respect of section 5(2) of the Labour Relations Act. Under these circumstances, the Committee recalls that it considers the minimum requirement of ten employers to form an employers’ organization excessive and capable of hindering the creation of employers’ organizations, particularly given the relatively small size of the country. Therefore, it once again asks the Government to consider amending section 5(2) and 9 by reducing the registration requirement to, for example, five employers.

Article 3. The right of workers’ organizations to organize their administration. The Committee had previously commented upon section 24(2) of the Labour Relations Act, which permits the registrar to require the delivery of the detailed accounts of the revenue, expenditure, assets, liabilities and funds of the organization at any time; failure to comply with this order would result in a fine of $10,000 or one year’s imprisonment (section 24(6)). The Committee notes the Government’s statement that the Committee’s comments and requests in this respect will be submitted to the competent authority. Recalling that the authority vested on the registrar under section 24(2) should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the activities of an organization are contrary to the rule of law (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 125 and 126), the Committee once again asks the Government to amend section 24(2) of the Labour Relations Act, accordingly.

The right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes the Government’s statement that the Labour Relations (Amendments) Act was passed in July 2003. It notes with satisfaction that the Labour Relations (Amendments) Act amends sections 46(1) and 49(1) of the Labour Relations Act of 1999, which the Committee had previously commented upon, by eliminating the Minister’s power to refer a dispute to binding compulsory arbitration without the consent of both parties – unless the dispute in question is in essential services.

However, the Committee notes that section 45(3) of the Labour Relations Act, as amended, grants the Minister the power to refer to compulsory arbitration disputes in essential services. In this connection, the Committee recalls that binding arbitration should only be imposed in the following cases: where both parties agree; in respect of public servants exercising authority in the name of the State; in an acute national crisis; and in essential services in the strict sense of the term. The Committee had previously noted that it does not consider seaport, dock and sanitation services to be essential in the strict sense of the term – that is to say, services, the interruption of which, would endanger the life, personal safety or health of the whole or part of the population. In these circumstances, the Committee asks the Government to indicate in its next report which services lie within the scope of section 45(3) of the Act.

Article 4. Dissolution of workers’ or employers’ organizations by the administrative authority. Previously, the Committee had noted that section 9(3) and (4) of the Labour Relations Act allows the registrar to cancel the registration of workers’ or employers’ organizations subject to the right of appeal to the High Court – and requested the Government to indicate whether the appeal provided for in section 9 suspends the cancellation of registration pending the court judgement. In this regard, the Committee takes due note of the Government’s statement that, while an appeal from a decision of the registrar lies in High Court, the defendant may apply to the Court to have the matter stayed until the appeal is heard.

Finally, the Committee notes the Government’s statement that further amendments to the Labour Relations Act are being contemplated, in consultation with organizations of the social partners. It expresses the hope that any subsequent amendments would bring the Act into full conformity with the Convention and reminds the Government that it may avail itself of technical assistance from the Office.