Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Saint Lucia (Ratification: 1980)

Individual Case (CAS) - Discussion: 2000, Publication: 88th ILC session (2000)

The Worker members recalled that, according to the usual working methods the case of a country, the Government of which had not responded to the invitation of the Conference Committee, was examined on the last day of the discussion of individual cases. The objective was not to examine the substance of these cases, given the impossibility of having a discussion with the governments concerned, but to underline in the Conference Report the importance of the issues raised and the necessary measures for the re-establishment of dialogue. The report would mention for each country the case in question.

The Worker members observed that the Committee of Experts had been drawing the attention of this Committee since 1997 to the reports which had been sent to it by various sources concerning the serious problems of gender discrimination which were culminating in the violation of Convention No. 111 by the Government of Afghanistan. The Worker members expressed once again their regret and their grave concern at not having been able to discuss this situation with the Government and which merited the undivided attention of this Committee. It was regrettable that the efforts undertaken by the ILO had not succeeded up to now. The ILO and the whole international community should take their responsibilities with greater conviction and force and increase their pressure on the Government of Afghanistan.

Regarding the application of Convention No. 98 by Saint Lucia, the Worker members recalled that this case had been included on the list because of the existence of violations of the right to collective bargaining and anti-union discrimination, actions against which there was no protection. For the last nine years, the Government of Saint Lucia had not sent a single report on the application of this Convention. It appeared, however, from the written information communicated by the Goverenment that the latter had transmitted a copy of an act respecting the registration, status and recognition of workers' and employers' organizations. The Committee of Experts should examine this law and its application in practice.

The Employer members regretted that some countries had not appeared before the Committee, despite being requested to do so in relation to the application of ratified Conventions. In this regard, they referred specifically to Afghanistan and Saint Lucia, noting that this was not the first time that they had failed to appear. These countries had been placed on the list of individual cases due to the Committee of Experts' concerns regarding their non-application of ratified Conventions. The Employer members considered this failure to appear as negative behaviour towards this Committee and the ILO as a whole. It was one of the worst forms of deliberate obstruction of the work of the supervisory machinery. The Employer members deplored this lack of cooperation in relation to the Committee of Experts and the entire Organization.

The Worker members, so that the report of the Committee should reflect this point, declared that they were certain that the Committee would also once again wish to request the Director-General to invite the Chairman of the Committee of Experts to attend next year's general discussion as an observer.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it has been raising questions concerning compliance with the Convention in an observation, including a longstanding request for the Government to ensure that national legislation expressly recognizes the right to collective bargaining of prison staff and fire service personnel. Not having received any observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation adopted in 2020, and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government can avail itself of the technical assistance of the ILO.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it has been raising questions concerning compliance with the Convention in an observation, including a longstanding request for the Government to ensure that national legislation expressly recognizes the right to collective bargaining of prison staff and fire service personnel.Not having received any observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation adopted in 2020, and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government can avail itself of the technical assistance of the ILO.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it has been raising questions concerning compliance with the Convention in an observation, including a longstanding request for the Government to ensure that national legislation expressly recognizes the right to collective bargaining of prison staff and fire service personnel. Not having received any observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation adopted in 2020, and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government can avail itself of the technical assistance of the ILO.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

Repetition

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1, 2, 4 and 6 of the Convention. For several years, noting that the “protective services” – which include the fire services and correctional officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures in order to grant fire service personnel and correctional staff the rights and guarantees provided for in the Convention. The Committee notes that the Labour Act 2006, which entered into force on 1 August 2012, repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999. It further notes that section 355 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to bargain collectively in the new legislation. Noting that the Government indicates in its report that fire service personnel and prison staff benefit in practice from the right to collective bargaining, and that the issue would be raised with the Minister of Labour, the Committee once again requests the Government to take the necessary measures to expressly grant in the legislation the right to collective bargaining to fire service personnel and correctional staff.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 6 of the Convention. In its previous comments, the Committee had noted that, according to the legislation, prison staff and fire personnel do not enjoy the rights and guarantees provided for in the Convention. The Committee notes that the Government indicates in its report that there has been no change on this issue. In these circumstances, the Committee once again requests the Government to take measures in order to grant to these categories of workers the rights and guarantees provided for in the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes, with reference to its previous request, that according to the Government, compulsory arbitration ordered by the Minister responsible for the subject of labour is only permissible in essential services.

Article 6 of the Convention. The Committee once again recalls that, according to legislation, prison staff and fire personnel do not enjoy the rights and guarantees provided for in the Convention. The Committee notes that the Government’s report does not contain information on this issue and again requests the Government to take measures in order to grant to these categories of worker the rights and guarantees provided for in the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 4. In relation to section 45(7) of the Registration, Status and Recognition of Trade Unions and Employers Organizations Act, the Committee requests the Government to clarify whether compulsory arbitration is possible in the framework of collective bargaining and under which circumstances.

2. Article 6. The Committee notes that, according to legislation, prison staff and fire personnel do not enjoy the rights and guarantees provided for in the Convention. The Committee requests the Government to take measures in order to grant to these categories of workers the rights and guarantees provided for in the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

1. Article 4. In relation to section 45(7) of the Registration, Status and Recognition of Trade Unions and Employers Organizations Act, the Committee requests the Government to clarify whether compulsory arbitration is possible in the framework of collective bargaining and under which circumstances.

2. Article 6. The Committee notes that, according to legislation, prison staff and fire personnel do not enjoy the rights and guarantees provided for in the Convention. The Committee requests the Government to take measures in order to grant to these categories of workers the rights and guarantees provided for in the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Referring to its previous comments concerning the importance of sufficiently effective and dissuasive measures against acts of anti-union discrimination, the Committee notes with satisfaction that, according to sections 4, 5, 6 and 11 of the Registration, Status and Recognition of Trade Unions and Employers' Organizations Acts (1999), complaints of anti-union discrimination or interference may be presented to the Tribunal. If the complaint is well founded, the Tribunal can make such order as it deems necessary to secure compliance of the law. The Tribunal may order reinstatement, the restoration of benefits or the payment of compensation.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with deep regret that the Government's report has not been received. As it is the ninth year without a government report, the Committee can only repeat its previous observation on the following matters:

The Committee recalled the importance of sufficiently effective and dissuasive measures to ensure the application in practice of basic legal standards prohibiting acts of anti-union discrimination. It notes that section 3(2) of the Labour Regulations of 1960 (No. 15) provides that it is the duty of the Labour Commissioner to ensure that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. The Committee requests the Government to indicate, in its next report, the manner in which section 3(2) is applied in practice, including any statistics concerning the number of complaints of anti-union discrimination brought to the attention of the labour commissioner and whether any sanctions have been applied in such cases or compensation ordered for the worker who has suffered such acts of discrimination.

[The Government is asked to supply full particulars to the Conference at its 88th Session and to report in detail in 2000.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that for the eighth year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee recalled the importance of sufficiently effective and dissuasive measures to ensure the application in practice of basic legal standards prohibiting acts of anti-union discrimination. It recalls that section 3(2) of the Labour Regulations of 1960 (No. 15) provides that it is the duty of the Labour Commissioner to ensure that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. The Government is requested to indicate, in its next report, the manner in which section 3(2) is applied in practice, including any statistics concerning the number of complaints of anti-union discrimination brought to the attention of the labour commissioner and whether any sanctions have been applied in such cases or compensation ordered for the worker who has suffered such acts of discrimination.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that for the seventh year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next meeting and that it will contain full information on the matters raised in its previous observation which read as follows:

In its previous comments, the Committee recalled the importance of sufficiently effective and dissuasive measures to ensure the application in practice of basic legal standards prohibiting acts of anti-union discrimination.

It recalls that section 3(2) of the Labour Regulations of 1960 (No. 15) provides that it is the duty of the Labour Commissioner to ensure that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment.

The Government is requested to indicate, in its next report, the manner in which section 3(2) is applied in practice, including any statistics concerning the number of complaints of anti-union discrimination brought to the attention of the labour commissioner and whether any sanctions have been applied in such cases or compensation ordered for the worker who has suffered such acts of discrimination.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that for the sixth year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next meeting and that it will contain full information on the matters raised in its previous observation which reads as follows:

In its previous comments, the Committee recalled the importance of sufficiently effective and dissuasive measures to ensure the application in practice of basic legal standards prohibiting acts of anti-union discrimination.

It recalls that section 3(2) of the Labour Regulations of 1960 (No. 15) provides that it is the duty of the Labour Commissioner to ensure that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment.

The Government is requested to indicate, in its next report, the manner in which section 3(2) is applied in practice, including any statistics concerning the number of complaints of anti-union discrimination brought to the attention of the labour commissioner and whether any sanctions have been applied in such cases or compensation ordered for the worker who has suffered such acts of discrimination.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the fourth consecutive year the Government's report has not been received.

In its previous comments, the Committee recalled the importance of sufficiently effective and dissuasive measures to ensure the application in practice of basic legal standards prohibiting acts of anti-union discrimination. It recalls that section 3(2) of the Labour Regulations of 1960 (No. 15) provides that it is the duty of the Labour Commissioner to ensure that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. The Government is requested to indicate, in its next report, the manner in which section 3(2) is applied in practice, including any statistics concerning the number of complaints of anti-union discrimination brought to the attention of the labour commissioner and whether any sanctions have been applied in such cases or compensation ordered for the worker who has suffered such acts of discrimination.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the fifth year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

In its previous comments, the Committee recalled the importance of sufficiently effective and dissuasive measures to ensure the application in practice of basic legal standards prohibiting acts of anti-union discrimination. It recalls that section 3(2) of the Labour Regulations of 1960 (No. 15) provides that it is the duty of the Labour Commissioner to ensure that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. The Government is requested to indicate, in its next report, the manner in which section 3(2) is applied in practice, including any statistics concerning the number of complaints of anti-union discrimination brought to the attention of the labour commissioner and whether any sanctions have been applied in such cases or compensation ordered for the worker who has suffered such acts of discrimination.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the third year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments on the need for basic legal standards prohibiting acts of anti-union discrimination to be accompanied by sufficiently effective and dissuasive measures to ensure their application in practice, the Committee notes the Government's report stating that it envisages, with ILO assistance, a review of its labour legislation in order to harmonize it with ratified Conventions. It asks the Government in its next report to provide detailed information on all progress made in this respect, particularly on the measures taken to strengthen the national legislation so as to ensure the application of Article 1 of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that for the second year in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments on the need for basic legal standards prohibiting acts of anti-union discrimination to be accompanied by sufficiently effective and dissuasive measures to ensure their application in practice, the Committee notes the Government's report stating that it envisages, with ILO assistance, a review of its labour legislation in order to harmonize it with ratified Conventions. It asks the Government in its next report to provide detailed information on all progress made in this respect, particularly on the measures taken to strengthen the national legislation so as to ensure the application of Article 1 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments on the need for basic legal standards prohibiting acts of anti-union discrimination to be accompanied by sufficiently effective and dissuasive measures to ensure their application in practice, the Committee notes the Government's report stating that it envisages, with ILO assistance, a review of its labour legislation in order to harmonise it with ratified Conventions. It asks the Government in its next report to provide detailed information on all progress made in this respect, particularly on the measures taken to strengthen the national legislation so as to ensure the application of Article 1 of the Convention.

Furthermore, the Committee asks the Government to inform it of the points at issue in the case of Girard et Pierre v. A.-G. and to transmit a copy of the Privy Council's judgement when it is handed down.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous requests, the Committee notes the report supplied by the Government on the measures taken to give effect to the Convention, and would like further information on the civil remedies or penal sanctions, if any, provided in the legislation to ensure the application of the provision against acts of anit-union discrimination (section 3(2)(c) of the Labour Regulations, 1960).

The Committee has already emphasised that the protection provided for in Article 1 of the Convention covers not only dismissal but also any other discriminatory measures which might arise in the course of employment in particular transfers, refusal of advancement, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts. In addition, experience shows that the existence of basic legal standards prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective procedures to ensure their application in practice, including civil remedies and penal sanctions (General Survey on Freedom of Association and Collective Bargaining, 1983, paras. 260 and 264).

The Committee would also appreciate being informed of the points in issue in the case of Girard and Pierre v. A.G., and receiving copy of the Privy Council's judgment when it is handed down.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous requests, the Committee notes the report supplied by the Government on the measures taken to give effect to the Convention, and would like further information on the civil remedies or penal sanctions, if any, provided in the legislation to ensure the application of the provision against acts of anti-union discrimination (section 3(2)(c) of the Labour Regulations, 1960).

The Committee has already emphasised that the protection provided for in Article 1 of the Convention covers not only dismissal but also any other discriminatory measures which might arise in the course of employment in particular transfers, refusal of advancement, demotions, disciplinary measures, deprivation of or limitations on wages or social benefits and other prejudicial acts. In addition, experience shows that the existence of basic legal standards prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective procedures to ensure their application in practice, including civil remedies and penal sanctions (General Survey on Freedom of Association and Collective Bargaining, 1983, para. 260 and 264).

The Committee would also appreciate being informed of the points in issue in the case of Girard and Pierre v. A.G., and receiving copy of the Privy Council's judgement when it is handed down.