No.5
LABOUR AMENDMENT
A.mendment of section 79 Cap. 28:01
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Section 79 ("Submission of collective bargaining agreements for approval or
registration") (2) of the principal Act is amended by the insertion of the following
paragraph"(b)
contrary to public interest:".
New Section inserted in Cap. 28:01
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The principal Act is amended by the insertion of the following section after section
92E"92EE Grounds of review by Labour Court
( 1) Subject to this Act and any other law, the grounds on which
any proceedings or decision conducted or made in connection with is Act
may be brought on review before the Labour Court shall be-
( a) absence of jurisdiction on the part of the arbitrator or
adjudicating authority concerned;
(b) interest in the cause, bias, malice or corruption on the part
of the arbitrator or adjudicating authority concerned;
(c) gross irregularity in the proceedings or the decision of the
arbitrator or adjudicating authority concerned.
(2) Nothing in subsection ( 1) shall affect any other law relating
to the review of proceedings or decisions of inferior courts. tribunals or
authorities.".
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Amendment of section 93 Cap. 28:01
Section 93 ("Powers of labour officers") (2) of the principal Act is amended by
the insertion of the following paragraph"(5) Mter a labour officer has issued a certificate of no settlement, the labour
officer, upon consulting any labour officer who is senior to him or her and to whom
he or she is responsible in the area in which he or she attempted to settle the dispute
or unfair labour practice -
(a)
shall refer the dispute to compulsory arbitration if the dispute is a dispute
of interest and the parties are engaged in an essential service, and the
provisions of section 98 shall apply to such reference to compulsory
arbitration; or
(b)
may, with the agreement of the parties, refer the dispute or unfair labour
practice to voluntary arbitration if the dispute is a dispute of interest;
or
(c)
may if the dispute or unfair labour practice is a dispute of right:
make a ruling that, upon a finding on a balance of probabilities that(i)
the employer or other person is guilty of an unfair labour practice;
or
(ii) the dispute of right or unfair labour practice must be resolved
against any employer or other person in a specific manner by an
order-
A. directing the employer or other party concerned to cease
or rectify the infringement or threatened infringement. as
the case may be, including the payment of moneys, where
appropliate:
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2015