Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(5) If the certification of a trade union is cancelled undersubsection (4), the Labour Commissioner may make anyappropriate order, including the terms of cancellation,and may decide on the validity and duration of anyexisting collective agreement covering the bargainingunit.(6) If the certification of a trade union is cancelled undersubsection (4), no trade union shall apply forcertification as bargaining agent for the employees in thebargaining unit until a period of 6 months has elapsedfrom the date of the cancellation.(7) If the application for cancellation of the certification isrefused, no one may bring a further application fordecertification until a period of 12 months has elapsedfrom the date of the refusal.180. Right of appeal(1) If certification of a trade union as exclusive bargainingagent is refused, withdrawn, terminated or modified bythe Labour Commissioner, either the trade union or theemployer may apply to the High Court fordetermination.(2) In making a determination under subsection (1), theHigh Court shall endeavour in its decision to promoteover time a system of orderly and effective collectivebargaining.181. Right to choose representativeNothing in this Part prevents an employee from beingassisted by a representative of his or her choice,including an officer of a trade union which has not beenregistered or certified under this Code, in an individualgrievance or disciplinary matter.182. Access to employer's premises(1) No employer shall deny to an officer or authorisedrepresentative of a trade union certified under this Code105