Registration & Cancellation of Trade Union Flashcards
What are Federation, Confederation, and a Contract of Employment?
“Federation” - an association of T.Us.
“Confederation” - an association of Federations.
“Contract of Employment” - A contract of service/apprenticeship (whether express or implied)
Registration of Trade Unions.
(Section, Act, Who, Apply to, Time, Application requirements, Re; Time)
ERA - Section 2 of the ERA; defines a “T.U”as follows—
(a) means an association of persons(whether registered or not) that regulates employment relations between workers and employers.
(b) includes a Federation or a Confederation
Can have a T.U of employees & employers. But, have to comply with the ERA.
Employees forming a TU must apply for registration with the Registrar of Association within 30 days of its formation.
The application requires
Þ The prescribed fee.
Þ 2 copies of the T.U rules.
Þ Certified copy of the minutes of the meeting approving the creation of the T.U.
Þ A statement of particulars(Including the registered office address.)
The Registrar may request, by written notice, additional info from applicants within 14 days of receiving their application, and if they fail to comply, the application can be rejected.
The Registrar will normally register a T.U where?
i. Applicant; provided for all info requested.
ii. T,U’s rules comply with the ERA and the Constitution of Mauritius;
iii. T.U’s name is not the same as that of a registered T.U or does not bear close resemblance to that of a registered T.U.
iv. In the case of T.U that has public officers as members; membership - not been restricted to public officers.
v. In the case of T.U of workers, it has a minimum of 30 members;
vi. In the case of T.U of employers, it has a minimum of 5 members.
The decision process of the Registrar of Association concerning the registration of a Trade Union. (Time, After; A - Publish & Refuse, Tribunal; Both Time, Hearing; Time, Not obtained; Time, It not done so; Charges)
The Registrar has 30 days to register or refuse a T.U after receiving the application and requested information.
If registered, the Registrar must publish a notice in the Government Gazette and two daily newspapers. (Address of the registered office.)
If refusing, the Registrar must give a written notice on the grounds of the refusal to register within 7 days, to the applicant T.U.
A T.U applicant, who is upset about a decision not to register, can appeal to the Tribunal within 21 days of receiving written notice.
A registered T.U can appeal to the Tribunal against a Registrar’s decision to register a union within 21 days of the notice being published in the Gazette.
The Employment Relations Tribunal - will hear and decide an appeal within 90 days of its lodging, in the presence of the registered T.U.
T.U not obtained its registration (whether by the Registrar or on appeal) - Shall be disbanded immediately & be wound up within 30 days of the decision of the Registrar, or the decision on appeal, as the case may be.
If not wound up within the time specified in subsection (10) - Every officer of the T.U shall commit an offence and the T.U shall be wound up by the Registrar in the manner required.
The process of the Certificate of Registration of Trade Union. (Time, Meaning)
- Registrar - Must issue a certificate of registration to the T.U, within 7 days of its registration.
Certificate of registration - solid proof(evidence) that the T.U is registered.
Cancellation of registration of a Trade Union (Situations + Defense of T.U + Process)
- Where the Registrar—
(a) Receives an application from a registered T.U to cancel another T.U based on any of the above grounds.
(b) has a good cause to believe that a T.U’s registration should be canceled.
T.U - Must then explain, by written notice, why the registration should not be cancelled within the specified time period mentioned in the notice.
Registrar - Must apply to the Employment Tribunal if they believe a T.U’s registration should be cancelled.
On what ground can a Trade Union registration can be cancelled? (Cancellation of registration)
a) It ceased to exist or function.
b) Registration was obtained by fraud/misrepresentation.
c) Membership of the T.U has fallen below the required minimum specified.
d) T.U has repeatedly violated the requirements of its rules or the ERA.
In the case of T.U that has public officers as members; membership - not been restricted to public officers.
