employers and employees who might be affected, the Minister 100 and any member of the
public likely to be affected; the desirability of affording the majority of employees and
employers within an undertaking or industry effective representation in negotiations affecting
their rights and interests; the desirability of reducing to the minimum the number of entities
with which employees and employers have to negotiate; and the outcome of the
representations or accreditation proceedings as to the representativeness of the trade union or
employers’ organization (section 45). The Registrar shall notify all interested parties who
appeared at the proceedings of his or her decision in writing and the reasons thereof
(section 44). While a person aggrieved by a decision of the Registrar may file an appeal to the
Labour Court (section 47), the filing of an appeal does not have a suspensive effect (section
48(2)). Moreover, the Registrar may impose “reasonable” restrictions on the activity of any
trade union or employers’ organization involved in the appeal in order to protect the
reasonable interests of the public and of persons concerned (section 48(3)). Failure to comply
therewith is an offence punishable by a fine not exceeding level seven and/or imprisonment
for a period not exceeding two years (section 48(5)).
149. With regard to public service employees, section 24(1) of the Public Service Act provides that
the Minister of Public Service may declare any organization or association representing all or
any members of the public service as a recognized association or organization. The Public
Service (Formation and Recognition of Associations or Organizations) Regulations set out a
twofold procedure for the establishment and recognition of associations or organizations
representing public service employees. 101
150. Regulation 4 provides for provisional recognition. For this purpose, an association or
organization seeking to be recognized, shall, within six months of its formation, apply for
provisional recognition. The Minister shall gazette the application inviting representations
from any interested person within a period of not less than 30 days. As soon as practicable
after the expiry of that period, the Minister shall issue a further notice advising any interested
party of the accreditation proceedings to be held in not less than 30 days. At these
proceedings, the Minister or a person authorized by the Minister shall call upon the association
or organization and any interested person present to make any representations in connection
with the application. The Minister or an authorized person may provisionally recognize the
association or organization, decline provisional recognition, or recognize it provisionally
subject to any alteration in the class or classes of members of the public service sought to be
represented. The Minister shall, on request, supply any interested person with the reasons for
his or her decision.
151. A provisionally recognized association or organization may, not less than six months or more
than one year after being so recognized, apply to the Minister for confirmation of its
recognition (regulation 5). The procedure for provisional recognition applies mutatis mutandis
to the confirmation procedure.
152. In any determination of the recognition of an association or organization, the Minister shall
take into account: the representations by the Public Service Commission and members of the
public service who might be affected; the desirability of affording the majority of the members
of the public service effective representation in negotiations affecting their rights and interests;
100
Here and in what follows, the “Minister” means the Minister of Public Service, Minister of
Labour and Social Welfare or any other Minister to whom the President may, from time to time,
assign the administration of the Act, such as the Minister responsible for Justice, who is assigned to
administer Part XI (on the Labour Court) of the Act.
101
To carry out its activities, an association or organization of public servants must be recognized
and become a body corporate (regulations 6(1) and 7).
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