What are unfair labour practices?

According the Labour Act 651, the following amount to unfair labour practices:

  • A person who discriminates against any person with respect to the employment or conditions of employment because that other person is a member or an officer of a trade union is guilty of unfair labour practices
  • A person who seeks by intimidation, dismissal, threat of dismissal, or any kind of threat or by imposition of a penalty, or by giving or offering to give a wage increase or any other favourable alteration of terms of employment, or by any other means, seeks to induce a worker to refrain from becoming or continuing to be a member or officer of a trade union is guilty of unfair labour practices
  • An employer or employer’s organisation which seeks by any kind of threat to intimidate the worker during negotiations of a collective agreement is guilty of unfair labour practice.

Is my employer supposed to facilitate workers’ trade union business?

Yes. An employer shall, subject to notice of not less than twenty four hours, allow any officer of a trade union whose members include any of his or her workers, reasonable facilities and time to confer with the employer or his/her workers on matters affecting the members of the trade union who are his or her workers.

Can an officer of a trade union confer with workers of the trade union on the work premises without the consent of the employer?

No. An officer of a trade union or any other person shall not during normal working hours confer with an employee on trade union matters while the worker is on the premises of his or her employer without the consent of the employer.

Where should a worker make complaint when he or she suspects unfair labour practice?

A worker shall lodge a complaint to the National Labour Commission and the Commission shall enquire into and determine complaints of unfair labour practices brought it in accordance with the rules of procedure


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