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disputes and unfair labour practices.
(2) This Act shall be construed in such manner as best ensures the
attainment of its purpose referred to in subsection ( 1 ).
(3) In the event of inconsistency between this Act and any other
enactment then, unless the enactment concerned expressly excludes or modifies the provision of this Act sought to be applied- –
(a) this Act shall prevail over the enactment concerned to the
extent of the inconsistency; and
(b)
the enactment concerned shall be construed with such modifications, qualifications, adaptations and exceptions as may be
necessary to bring it into conformity with this Act.".
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5
New section substituted for section 3 of Cap. 28:01
Section 3 of the principal Act is repealed and the following is substituted –
4
“3 Application of Act
(1) Subject to this section, this Act shall apply to all employers and
all employees.
(2) In regard to employees of the State, this Act shall, subject to
subsection (3), apply only to –
(a)
members of the Public Service; and
(b)
such other employees of the State, other than members of a
disciplined force, as the President may designate by statutory
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instrument;
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and shall bind the State in its capacity as employer of the persons referred to
in paragraphs (a) and (b).
(3) In the event of any dispute –
(a) between any member of the Public Service and the Public
Service Commission involving misconduct or suspected misconduct on the part of the member, Part XII shall not apply to
such a dispute except for section ninety-seven, and, for the purposes of such dispute, the references in paragraphs (c) and (e)
of subsection (1) of that section of an employment code shall be
construed as being references to the appropriate service
regulations prescribing the discipline of members of the Public Service made in terms of the Public Service Act [Chapter
16:04]:
(b) between any member of the Public Service or trade union,
organisation, association or federation representing members
of the Public Service and the Public Service Commission, not
being a dispute referred to in paragraph (a)-(i)
no person other than an employment council registered
for the Public Service or a designated agent of
that
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employment council shall have jurisdiction in the matter; and
(ii)
Part XII shall not apply to such dispute except for section ninety-seven, and then only upon completion of the
procedures provided for the settlement of disputes or
grievances by the appropriate service regulations made
in terms of the Public Service Act [Chapter 16:04} or in
terms of any collective bargaining agreement negotiated
by the employment council registered for the Public Service.
(4) For the avoidance of doubt, nothing in this Act shall be construed as affecting the exclusive responsibility of the Public Service Commission under the Constitution and the Public Service Act [Chapter 16:04]
for the creation or abolition of posts or grades in the Public Service, the
appointment of persons to such posts or grades and the discipline of mem-
Select target paragraph3
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