Section 5 - Protection of employees
(1) No person shall discriminate against an employee or any person seeking employment for exercising any right conferred in this Act.
(2) Without limiting the general protection conferred by...
Section 7 - Protection of employers' rights
(1) No person shall discriminate against an employer for exercising any right conferred by this Act.
(2) Without limiting the general protection conferred by sub-section (1), no person shall do, or...
Section 10 - Disputes under Part
If there is a dispute about the interpretation or application of any provision of this Part, any party to the dispute may refer the dispute in writingâ
(a) to the Minister to appoint a conciliator as...
Section 11 - Burden of proof
In any proceedings under this Actâ
(a) a party that alleges that a right or protection conferred by this part has been infringed shall prove the facts of the conduct; and
(b) the party who is...
Section 18 - Application for registration
(1) An application to register a trade union, employers' organisation or federation shall be made to the Registrar in Form A set out in the Second Schedule,
accompanied byâ
(a) the prescribed...
Section 21 - Effect of registration
A trade union, employers' organisation or federation shall be registered as a body corporateâ
(a) with perpetual succession and a common seal;
(b) with the capacity in its own name to-
(i) sue and...
Section 23 - Consequences of failure to register
(1) No person shall perform any act in furtherance of a trade union or employers' organisation unless that trade union or employers organisationâ
(a)is registered under this Act; or
(b) an...
Section 24 - Registered office
(1) Every trade union, employersâ organisation or federation shallâ
(a) have a physical office and postal address to which all communication and notices may be addressed; and
(b) give notice of its...
Section 25 - Registration of branches
(1) A trade union, employersâ organisation or federation shall apply to the Registrar to register its branches in Form F set out in the Second Schedule.
(2) An application to register a branch...
Section 29 - Notice of dissolution
(1) When a trade union, employersâ organisation or federation is dissolved, the trade union, employersâ organisation or federation shall give notice of the dissolution in Form O set out in the Second...
Section 31 - Officials
(1) The officials of a trade union or employersâ organisation shall be persons who are, or have been, engaged or employed in the sector for which the trade union or employersâ organisation is...
Section 32 - Membership of minors
An employee who has not attained the age of eighteen years but appears to be above the apparent age of sixteen years may be a member ofâ
(a) a trade union and, unless the constitution provides...
Section 33 - Voting members of trade union
No person shall be a voting member of â
(a) a trade union unless that person is employed in the sector for which the trade union is registered;
(b) an employersâ organisation unless that person has...
Section 34 - Election of officials
(1) The election of officials of a trade union, employersâ organisation or federation shall be conducted in accordance with their registered constitutions.
(2) The constitution of a trade union,...
Section 35 - Notification of officials
(1) A trade union, employersâ organisation or federation shall exhibit prominentlyâ
(a) in its registered office, a notice giving the names of all officials and their titles;
(b) in every branch...
Section 36 - Trustees
(1) The constitution of a trade union, employerâs organisation and federation shall provideâ
(a) for the appointment or election of at least three trustees; and
(b) for the filling of any vacancy in...
Section 37 - Property to be vested in trustees
1) All property, whether movable or immovable, of a registered trade union, employersâ organisation or federation shall vest in its trustees for the use and benefit of the trade union, employerâs...
Section 38 - Devolution of property
Upon any change in the office of any trustee, the property of a registered trade union, employersâ organisation or federation shall vest in the trustees for the
time being of the union for the same...
Section 39 - Application of funds
Subject to its rules and the provisions of this Act, the funds of a trade union, employersâ organisation or federation may be used only for the following purposes -
(a) the payment of salaries,...
Section 41 - Injunction to restrain misuse of funds
(1) The Industrial Court may grant an injunction restraining unauthorized or unlawful expenditure of the funds of a trade union, employerâs organisation or federation on application by the Registrar,...
Section 42 - Treasurer to render accounts
(1) In this section, âofficialâ means the treasurer of a trade union, employersâ organisation or federation and every other official responsible for the accounts of a trade union, employersâ...
Section 43 - Annual returns
(1) The authorised representative of a registered trade union, employersâ organisation, or federation shall furnish annually by a prescribed date to the Registrar a general statement of all receipts...
Section 44 - Inspection of accounts and records
The accounts of a trade union, employersâ organisation or federation and a list of its members shall be open to inspection by â
(a) an official or member of a trade union, employerâs organisation or...
Section 45 - Obstructing inspection by Registrar
A person who obstructs or impedes the Registrar, or any person authorized by the Registrar, from inspecting the accounts of a trade union, employersâ
organisation or federation or the list of its...
Section 46 - Power to require detailed accounts
(1) The Registrar may, at any time, call upon the treasurer, the executive or management board by whatever name called, or any other official of a trade
union or employersâ organisation to render...
Section 48 - Deduction of trade union dues
(1) In this Part, âtrade union duesâ means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership.
(2) A trade union may, in the...
Section 52 - Direct payment of trade union dues
Nothing in this Part prevents a member of a trade union from paying any dues, levies, subscriptions or other payments authorised by the constitution of the trade union directly to the trade union