PART V
ARBITRATION
Court to have cognizance of trade disputes
31.
A
Court shall have cognizance of a trade dispute where —(a)
all the trade unions and employers
who are parties to a trade dispute jointly make a request in writing
to the Registrar that the trade dispute be submitted to arbitration;
(b)
a trade union or an employer who
is a party to a trade dispute makes a request in writing to the
Registrar that under section 50 (1) of the Employment Act (Cap.
91) the trade dispute be submitted to arbitration;
(c)
a trade union which or an employer
who is a party to a trade dispute as to any matter arising from
or connected with a transfer of employment makes a request in writing,
whether before or after the transfer of employment, to the Registrar
that the trade dispute be submitted to arbitration;
(d)
the trade dispute relates to —(i)
the retrenchment benefit payable
to an executive employee who is represented by a recognised trade
union under section 30A; or
(ii)
a breach of contract of employment
by an executive employee who is represented by a recognised trade
union under section 30A or his employer,
and the employer or the recognised
trade union representing the executive employee makes a request
in writing to the Registrar that the trade dispute be submitted
to arbitration;
(e)
the Minister by notice in the Gazette directs that the trade dispute be submitted
to arbitration; or
(f)
the President of Singapore by proclamation
declares that by reason of special circumstances it is essential
in the public interest that a trade dispute be submitted to arbitration.
[29/72;36/95;23/2002]
Court to arbitrate
32.
Subject
to section 33, a Court shall carefully and expeditiously hear, inquire into
and investigate every trade dispute of which it has cognizance and
all matters affecting the trade dispute and the just settlement
of the trade dispute and shall determine the trade dispute by arbitration.
Dispute as to employment in Government service
33.
—(1)
Where
a Court has cognizance of a trade dispute in relation to employment
in the service of the Government, the President shall so inform
the President of Singapore.
(2)
The Court shall not exercise its powers
or perform its functions in relation to the trade dispute so far
as it relates to that employment except with the approval of the
President of Singapore.
Court to have regard to certain matters
34.
—(1)
In
determining a trade dispute, a Court may have regard —(a)
not only to the interests of the
persons immediately concerned but to the interests of the community
as a whole and in particular the condition of the economy of Singapore;
and
(b)
to the recommendations made from
time to time by the Minister under section 49 of the Employment
Act (Cap. 91) relating to the matters specified in that section.
[29/72;36/95]
(2)
In any case where a Court has regard
to the recommendations referred to in subsection (1) (b),
the Court may vary or set aside any of the terms of a collective
agreement or award notwithstanding section 45.
Power to make awards
35.
—(1)
A
Court shall have power in relation to a trade dispute of which it
has cognizance to make an award (including an interim award) relating
to all or any of the industrial matters in dispute.
(2)
A Court shall not consider a dispute
relating to the dismissal of an employee or make an award relating
to the reinstatement of an employee except in circumstances arising
out of a contravention of section 82.
(3)
Notwithstanding subsection (2), where
an employee considers that he has been dismissed without just cause
or excuse by his employer, in circumstances other than those arising
out of a contravention of section 82, he may, within one month of
such dismissal, make, through his trade union, representations in
writing to the Minister to be reinstated in his former employment.
(4)
The Minister may, before making a
decision on any such representations, by writing under his hand
request the Commissioner to inquire into the dismissal and report
whether in his opinion the dismissal is without just cause or excuse.
(5)
If the Minister decides to deal with
the representations himself, he shall before making a decision thereon
give an opportunity to the employer to make representations in writing
as to why he considered the dismissal of the employee to be justified.
(6)
If, after considering the representations
of the trade union and of the employer (if any) and any report made
by the Commissioner under subsection (4), the Minister is satisfied
that the employee has been dismissed without just cause or excuse,
he may, notwithstanding any rule of law or agreement to the contrary,
direct the employer —(a)
to reinstate the employee in his
former employment and to pay the employee an amount that is equivalent
to the wages that the employee would have earned had he not been
dismissed by the employer; or
(b)
to pay such amount of wages as compensation
as may be determined by the Minister.
(7)
The employer shall comply with the
direction of the Minister under subsection (6).
(8)
The decision of the Minister on any
representations made under this section shall be final and conclusive
and shall not be challenged in any court or in a Court established
under this Act.
(9)
Any direction by the Minister under
subsection (6) shall operate as a bar to any action for damages
by the employee in any court in respect of the wrongful dismissal.
(10)
An employer who fails to comply with
the direction of the Minister under subsection (6) shall be guilty
of an offence and shall be liable on conviction by a District Court
to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 12 months or to both.
(11)
Where an amount to be paid under subsection
(6) is not paid in accordance with the direction of the Minister
and the employer has been convicted of an offence under subsection
(10), the amount, or so much thereof as remains unpaid, shall be recoverable
by a District Court as if it were a fine and the amount so recovered
shall be paid to the employee entitled under the direction.
Award relating to trade dispute over transfer of
employment
36.
Where
the Court has cognizance of a trade dispute between a trade union
and an employer arising from or connected with a transfer of employment,
the Court’s power to make an award relating to the dispute
under section 35 shall include the powers —(a)
to delay or prohibit the transfer
of employment of an employee who is a member of the trade union;
and
(b)
to order that the transfer of employment
of the employee who is a member of the trade union be subject to
such terms as the Court considers just.
[36/95]