The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

A trade union leader yesterday said that while the planned changes to the Employment and Industrial Relations Acts were “a step in the right direction”, the Industrial Tribunal still has not been given sufficient “teeth”.

  Obie Ferguson, the Trades Union Congress’s (TUC) president, told Tribune Business that despite the tabling of amendments to both Acts in Parliament yesterday, there were still several labour concerns not covered.

“The point that is missing is that we wanted the Industrial Tribunal to have more teeth,” he explained. “For example, to grant an injunction, the present Tribunal cannot do that or enforce its own judgment.

“If you want to enforce a judgment of the Tribunal you have to make an application to the Supreme Court to have it enforced. Presently, the Tribunal cannot impose a first industrial agreement where the parties have failed to reach one within a reasonable period of time. We think that is very critical.”

Mr Ferguson added: “If the Tribunal is going to be the court for industrial relations in the country, it must be given all the powers to effectively discharge the statutory duty given to it by Parliament. It should have its own budget, its own website and stenographers so judgments can be given on a timely a basis.

“The average workers cannot afford what it costs to even go to the Tribunal, let alone the Supreme Court ,to enforce a judgment. That is nonsense and it is not progressive. It can cost them $4,000 to get $400.”

    As previously reported by Tribune Business, changes to the Employment Act and Industrial Relations Act, considered by many to be labour-friendly have run into strong employer resistance given the increased costs and bureaucracy they threaten to impose in a difficult economic environment.

Still, Mr Ferguson said:

 “The other concern we have is over redundancy. The current legislation is saying you cannot get redundancy pay if you are entitled to a gratuity; you cannot get both even if you are entitled to it.

“This legislation suggests that you must choose one or the other. The legislation doesn’t address commission as part of wages. These revisions need to be in the Bill. Having said that, the Bill is a step in the right direction.”