LABOUR ACT [Chapter 28:01] (as amended)
appeared at the accreditation proceedings, if any,
concerned.
(2) Subject to subsection (3), the effect of giving
notice of appeal in terms of subsection (1) shall be
to suspend the operation or effect of the decision
appealed against, pending the determination of the
appeal.
(3) The Registrar may, on the application of any
person, by notice in writing impose such reasonable restrictions as he considers necessary on the
activity of any trade union or employers organization concerned in an appeal referred to in subsection (1) in order to protect the reasonable interests
of the public and of persons concerned in the
appeal.
(4) Any person upon whom restrictions have
been imposed in terms of subsection (3) may, with
due notice to the other persons concerned, make
representations to the Registrar in respect thereof
and the Registrar may, if he thinks fit, vary or
revoke such restrictions.
(5) Any person upon whom restrictions have
been imposed in terms of subsection (3) shall, if he
fails to comply therewith, be guilty of an offence
and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years
or to both such fine and such imprisonment.
49 Appeals before Labour Court
(1) On an appeal before the Labour Court in
terms of section forty-seven—
(a) the parties thereto shall be given a reasonable opportunity of presenting their case:
Provided that the Labour Court may
direct in any particular case that the parties
shall be confined to submitting their representations in writing and, in such case, each
party shall be given a reasonable opportunity
of replying to the representations of the other
party;
(b) the Labour Court shall, subject to such
procedures as may be prescribed, act in such
manner and on such principles as he deems
best fitted to do substantial justice to the parties, and to carry out the objects of this Act.
(2) On an appeal in terms of section fortyseven, the Labour Court may, subject to this Part,
confirm, vary or set aside the decision of the
Registrar appealed against, and may make such
other order, whether as to costs or otherwise, as he
thinks necessary or appropriate.
50 Right of membership of registered trade
unions and employers organizations
(1) Every employee shall be entitled to membership of any registered trade union which represents his undertaking or industry if he is prepared
to comply with its rules and conditions of membership.
(2) Every employer shall be entitled to membership of any registered employers organization
which represents his undertaking or industry if he
is prepared to comply with its rules and conditions
of membership.
Re-issue
51 Supervision of election of officers
(1) The Minister may, where the national interest so demands, cause to be supervised the holding
of elections to any office or post in a registered
trade union or employers organization.
(2) Without derogation from the generality of
subsection (1) the Minister may, on the advice of
the Registrar—
(a) set aside any election if the election was not
properly conducted or if the result of the
election did not represent the views of the
electors;
(b) postpone, or change the venue of or procedure for, any election, if it is necessary to do
so to ensure that the views of electors are
given proper expression;
(c) assign responsibility for the conduct of any
election to any trade union or employers organization;
(d) if the conduct of any election campaign by
any person is leading to a misrepresentation
of any issues involved in such election, and
the consequences of such misrepresentation
have serious implications for the national interest, prohibit any person from so conducting the election campaign;
(e) make regulations for controlling and regulating elections and for fixing the qualifications
for officers of registered trade unions and
employers organizations.
52 Right to union or association dues
(1) For the purpose of fulfilling its obligation to
represent the interests of its members employed or
engaged in the undertaking or industry for which
it is registered, a registered trade union or employers organization may, subject to this Act, levy,
collect, sue for and recover union and association
dues.
(2) Subject to this Act, a federation of trade
unions or employers organizations shall not,
unless permitted to do so in any particular case by
the constitution of the member trade union or
employers organization concerned, levy, collect or
receive membership fees, union dues or association dues, as the case may be, from persons in
their capacity as individual employers or employees.
(3) Any person who contravenes subsection (2)
shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a
period not exceeding two years or to both such fine
and such imprisonment.
53 Restrictions on payment of union dues
by employers
(1) No employer shall, without the consent of
the Minister, pay on behalf of any employee any
union dues other than to a registered trade union.
(2) Any employer who contravenes subsection
(1) shall be guilty of an offence and liable to a fine
not exceeding level seven or to imprisonment for a
period not exceeding two years or to both such fine
and such imprisonment.
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