Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guernsey

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Guernsey

The Committee takes note of the observations of the Trade Union Congress (TUC) forwarded by the Government alleging a series of obstacles to the exercise of the right to collective bargaining, particularly in the education sector. The Committee requests the Government to provide its comments on these observations.

Article 4 of the Convention. Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force in Guernsey, the sectors concerned and the number of workers covered by these agreements. It also requests the Government to provide information on any measures taken to promote the full development and utilization of collective bargaining, in accordance with the Convention.

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Article 1 of the Convention. Protection against anti-union discrimination. Following its previous comments regarding the strengthening of sanctions concerning unfair dismissal, the Committee notes with satisfaction that the new legislation entitled “The Employment Protection (Guernsey) (Amendment) Law, 2005” foresees a six-month pay sanction award for unfair dismissal, which may be greater depending on the circumstances of the case, in law and in equity.

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The Committee takes note of the Government’s report.

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes with interest that following its previous comments, section 22 of the draft Law entitled “The Employment Protection (Guernsey) (Amendment) Law, 2005” increases the amount of an award for unfair dismissal from three to six months pay. The Committee hopes that this draft Law will be adopted in the near future and requests the Government to keep it informed in this respect.

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The Committee takes note of the Government’s report.

With respect to its previous comments on protection against anti-union dismissals, which could be sought only if the person has been in the employers’ service for a least two years (section 15(2) of the Employment Protection (Guernsey) Law, 1998), the Committee notes with interest that the Employment Protection Law was amended by the Employment Protection (Sunday Shop Working) (Guernsey) Law, 2001 to remove such a qualifying period (section 2(5) on "Consequential amendments of 1998 Law").

With respect to the other measures taken against an employee on the grounds of his or her trade union membership (demotions, transfers, etc.) the Committee notes the Government’s indication that any grievance in this respect could be referred to an Industrial Disputes Tribunal which would investigate and make an award under the provisions of section 5(1)(a) of the Law on Industrial Disputes and Conditions of Employment (Guernsey) Law, 1993.

With respect to its previous comments on insufficiently dissuasive sanctions for unfair dismissals (section 20 of the Employment Protection Law), the Committee notes that the Government has provided no response. The Committee therefore once again requests the Government to amend its legislation so as to ensure that the Law provides for sufficiently dissuasive sanctions for unfair dismissals.

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The Committee takes note of the Government’s report.

In its previous direct requests, the Committee had commented on the following issues: (1) protection against anti-union discrimination limited to unfair dismissal, and only if the person has been in the employers’ service for at least two years; and (2) insufficiently dissuasive sanctions for unfair dismissals.

In its report the Government indicates that it intends to amend the Employment Protection Law to remove the two-year qualifying period for trade union related dismissals and is also reviewing compensation and remedies. The Committee hopes that these amendments will be adopted in the near future and requests the Government to provide it with a copy of the amended Act once it is adopted.

The Government also indicates that at the present time, discrimination against an employee on the grounds of trade union membership or activities that results in a transfer or demotion could be challenged under the provisions of the Industrial Disputes and Conditions of Employment Law of 1993. The Committee requests the Government to provide further information on the remedies available for such prejudicial acts other than dismissal, including the text of relevant provisions.

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The Committee notes the Government's report and the adoption in 1998 of the Employment Protection (Guernsey) Law. The Committee notes that protection against anti-union discrimination is limited to unfair dismissal and does not cover other prejudicial acts such as transfers and/or demotion or acts of discrimination at the time of recruitment. Furthermore, under section 15(2) of the Act, anti-union discrimination is punished only if the employee had been in the employer's service for at least two years. The Committee notes, moreover, that the amount of compensation for unfair dismissal provided in section 20 of the Act is not a sufficiently dissuasive sanction.

The Committee expresses the firm hope that the Government will take the steps needed to bring its legislation into conformity with the provisions of the Convention, particularly by extending protection against acts of discrimination and accompanying this with sufficiently dissuasive sanctions. The Committee requests the Government to keep it informed of the measures taken in this regard.

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With reference to its previous comments regarding the absence of legislation protecting workers against acts of anti-union discrimination in respect of employment, in particular with respect to refusal of employment or dismissal on the ground of trade union membership, the Committee notes the information in the Government's report, in particular that the Government of the island has approved legislation which was to be submitted to the Privy Council for Royal sanction.

The Committee hopes that the new legislation will adequately protect workers against acts of anti-union discrimination and requests the Government to forward to it a copy as soon as it is adopted.

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The Committee notes the information supplied by the Government in its report.

In a communication dated 4 February 1994, the Trades Union Congress (TUC) states that there is lack of legislative protection for trade unionists against acts of anti-union discrimination in respect of their employment. The Government indicates that it has been involved in a comprehensive review of employment legislation over the past 12 months which has included the area of unfair dismissal. As part of the external consultation process, the TUC was invited to submit its views for consideration. Further to the conclusion of this review, relevant legislation is now being prepared.

The Committee requests the Government to keep it informed of any progress made in the adoption of this legislation, as well as to send it a copy thereof once it has been adopted.

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The Committee notes the communication of the Trade Union Congress (TUC) dated 4 February 1994 concerning the lack of legislative protection for trade unionists against acts of anti-union discrimination in respect of their employment, in the States of Guernsey.

The Committee would request the Government to provide its comments on the matters raised in the TUC's communication in its next report.