TRADE UNION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Purposes of trade union not unlawful

   4   Agreement or trust not void or voidable

   5   Enactments which shall not apply to trade unions

 

Registered Trade Unions

   6   Trade unions to be registered

   7   Registered union may deal in land

   8   Real and personal estate shall be vested in trustees

   9   The trustees empowered to bring and defend actions and prosecutions

   10   Limit of trustees, liability

   11   Officers to render accounts

   12   Liability for misapplying property, etc, of a trade union

      Penalty for impersonating trade union officer

 

Registry of Trade Unions

   13   Provisions for registration

   14   Rules

   15   Registered office of trade union

   16   Statement of accounts and audit certificate to be transmitted to Registrar

 

Registrar and Register

   17   Register to be kept in Record Office

 

Legal Proceedings

   18   Liability for misleading persons

   19   How offences may be prosecuted and penalties recovered

   20   Provisions for appeal

 

Transfer to New Trustees

   21   Transfer to new trustees

 

Withdrawal or Cancellation of Certificate

   22   When certificate of registration shell be withdrawn or cancelled

 

Procedure and Appeals after Refusal to Registers or after
Withdrawal or Cancellation of Certificate

   23   Notice after refusal to register, or after withdrawal or cancellation

   24   Appeals

 

Membership of Minors

   25   Persons under eighteen may by members

 

Nomination

   26   Power to nominate persons to receive moneys on death

 

Change of Name and Amalgamation

   27   Name may be changed

   28   Unions may amalgamate

   29   Notice off change of name or of amalgamation

 

Dissolution of Union

   30   Dissolving a union

 

Failure to Give or Send notices, etc

   31   Penalty for failing to give notice, etc

 

Procedure in Conducting Disputes

   32   Intimidation or annoyance

   33   Peaceful picketing and prevention of intimidation

   34   Removal of liability for interfering with another person's business

   35   Prohibition of actions of tort against trade unions

   36   Regulations

      SCHEDULES

 

THE TRADE UNION ACT

[Date of Commencement: 25th October, 1919]

Cap 389.

Law 55 of 1959.

Acts
22 of 1969,
1 of 1979,
16 of 2002.

1   Short title

   This Act may be cited as the Trade Union Act.

2   Interpretation

   In this Act-

   "industrial dispute" means any dispute between employers and workers, or between workers and workers, which is connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, of any person;

[16/2002 s 2(a).]

   "trade union" means any combination whether temporary or permanent, the principal purposes of which are, under its constitution, the regulation of the relations between workers and employers, or between workersand workers, or between employers and employers whether such combination would or would not, if this Act had not been enacted, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade:

[16/2002 s 2(b).]

   Provided that nothing in this Act-

   (a)   shall effect-

         (i)    any agreement between partners as to their own business;

         (ii)   any agreement between an employer and those employed by him as to such employment;

         (iii)   any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft;

   (b)    shall preclude any trade union from providing benefits for its members;

   "trade dispute" [Deleted by Act 16 of 2002 s 2(c).]

   "workers" means all persons employed in trade or industry, whether or not in the employment of the employer with whom an industrial dispute arises.

[16/2002 s 2(d)(i) and (ii).]

3   Purposes of trade union not unlawful

   The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to rends any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

4   Agreement or trust not void or voidable

   The purposes of any trade union shall not by reason merely that that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.

5   Enactments which shall not apply to trade unions

   The following enactments, that is to say-

   (a)   the Friendly Societies Act or any enactment amending or replacing the same,

   (b)   the Industrial and Provident Societies Act, and any enactment amending or replacing the same, and

   (c)   the Companies Act and any enactment amending or replacing the same;

shall not apply to any trade union, and the registration of any trade union under any of the said enactments shall be void, and the deposit of the rules of any trade union made under the Friendly Societies Act and any enactment amending the same before the passing of this Act, shall cease to be of any effect.

Registered Trade Unions (sections 6-12A)

6   Trade unions to be registered

   (1) Upon the establishment of a trade union, it shall be the duty of the committee of management or trustee appointed ire that behalf, or in default of any such appointment, the directing authority, by whatever name it may be called, of such union, to make application for registration within thirty days after the date of the establishment of such union. Any person who fails to comply with the requirements of this section shall be guilty of an offence and all be liable on summary conviction to a penalty not exceeding ten thousand dollars, and where the offence is continued after conviction the person shall be guilty of a further offence and shall be liable on summary conviction to a penalty of five hundred dollars for each week during which the offence is so continued.

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