Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Barbados (Ratification: 1967)

The Committee takes note of the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) dated 26 August 2009. The Committee also notes the communication made by the International ITUC dated 24 August 2010.

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee recalls that in previous observations, it had requested the Government to take all the necessary measures to ensure that the legislation provides adequate protection against all acts of anti-union discrimination, in taking up employment and throughout the course of employment, including at the time of termination, and covering all measures of anti-union discrimination (dismissals, demotions, transfers and other prejudicial acts) as well as adequate and dissuasive sanctions. The Committee also noted the comments made by the ITUC referring to the inadequacy of remedies for workers discharged for their union activity since courts may not reinstate dismissed workers. The Committee notes that the Government indicates in its report that section 40A of the Trade Union Act, CAP 361 provides that any employer who dismisses a worker or adversely affects the employment or alters the position of a worker, or threatens to dismiss or to adversely affect or alter the position of a worker, because that worker is, or seeks to become, an officer, delegate or member of a trade union or takes part in trade union activities can be subject to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both. As regards the amount of the fines, the Committee recalls the importance of making sanctions sufficiently dissuasive against acts of anti-union discrimination or interference. The Committee notes with interest that the Government indicates in its report that it is in the final stages of drafting a new employment rights legislation, which will, inter alia, make provisions for an employment rights tribunal to hear cases of unfair dismissals and to make awards where necessary. Given that it appears that the envisaged protection would only cover cases of unfair dismissals, the Committee requests the Government to take the necessary measures to bring the legislation into conformity with the Convention as regards not only anti-union dismissals, but also other prejudicial acts perpetrated against union leaders and members because of their affiliation or trade union activities and  in particular, to strengthen the amount of the legal fines and other relevant means which can be applied by the tribunal. The Committee requests the Government to provide a copy of the new employment rights legislation once adopted.