Industrial Relations Act, 1946

Breaches of registered employment agreements.

32.—(1) If a trade union representative of workers affected by a registered employment agreement complains to the Court that any employer of any class to which the agreement relates has failed or neglected to comply with the agreement, the following provisions shall have effect—

(a) the Court shall consider the complaint, and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(b) if, after such consideration, the Court is satisfied that the complaint is well-founded, the Court may by order direct the said employer to do such things (including the payment of any sum due to a worker for remuneration in accordance with the agreement) as will in the opinion of the Court result in the said agreement being complied with by the said employer.

(2) If an employer or a trade union representative of employers affected by a registered employment agreement complains to the Court that a trade union representative of workers affected by the agreement is promoting or assisting out of its funds in the maintenance of a strike which to the knowledge of the general committee of management of the trade union of workers is in contravention of the agreement and which has for its object the enforcement of a demand on an employer to grant to a worker remuneration or conditions other than those fixed by the agreement, the following provisions shall have effect—

(a) the Court shall consider the complaint and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(b) if, after such consideration, the Court is satisfied that the complaint is well-founded—

(i) the Court may, by order, direct the said trade union of workers to refrain from assisting out of its funds in the maintenance of the said strike;

(ii) the Court may cancel the registration of the agreement.

(3) Where—

(a) a strike continues after the Court has made an order under subsection (2) of this section in respect of the strike, and

(b) members of a trade union of workers, whose rates of remuneration or conditions of employment are not the subject of the strike, are unable or decline to work while the strike continues,

then, the payment to those members of strike benefit in accordance with the rules of the trade union shall not be regarded, for the purposes of this section, as assisting in the maintenance of the strike.

(4) If, where an order is made by the Court under paragraph (b) of subsection (1) of this section or under subparagraph (i) of paragraph (b) of subsection (2) of this section, the direction contained in the order is not carried out, the person to whom the direction is given shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds, and, in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offence is continued.