Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012apply to a Magistrate for a search warrant authorisinghim or her—(a) to enter the workplace;(b) to carry out any examination, test or enquiry whichhe or she considers necessary in order to ensureobservance of the Code;(c) to take or remove from the workplace for purposesof analysis, samples of materials or substances usedor handled, subject to the employer or employer’srepresentative being notified at the time of suchtaking or removal of any such samples of materialsor substances;(d) to take photographs and video recording of theworkplace.(3) The Labour Commissioner may be accompanied by apolice officer or any other employee of the Crown wherethe Labour Commissioner has reasonable grounds tobelieve that the presence of the police officer or Crownemployee is necessary for the inspection andenforcement.(4) (a) A person aggrieved by the decision of a labourofficer in the exercise of a power under this Codemay seek redress from the Labour Commissioner.(b) A person aggrieved by the decision of the LabourCommissioner may seek redress from the Tribunal.(5) The Labour Commissioner and the labour officer shallbe issued with identity cards by the Governor with aphotograph of the holder, indicating his or her name anddesignation.(6) The Labour Commissioner or the labour officer shallproduce the identity card when visiting any premises orwhen questioning a person in connection with theexercise of his or her powers.(7) The Labour Commissioner may institute or cause to beinstituted any prosecution for the purposes of enforcingthe provisions of the Code.18
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(8) The Labour Commissioner may delegate his or herpowers to a labour officer.9. Notification of presence on inspection visitThe Labour Commissioner shall, when on an inspectionvisit, notify the employer or his or her representative ofhis or her presence, unless he or she considers that suchnotification may be prejudicial to the performance of hisor her duties.10. Prohibition of victimisation(1) An employer shall grant his or her employees reasonableopportunity for communicating freely with the LabourCommissioner.(2) An employer who threatens or takes any prejudicialaction against an employee who communicates with theLabour Commissioner and or a labour officer during aninspection visit or who has made or proposes to make acomplaint or has taken part or proposes to take part inproceedings against the employer for breach of the Codecommits an offence and is liable on summary convictionto a fine of $5,000.00.11. Limitations and restrictions on Labour Commissioner(1) The Labour Commissioner shall—(a) not have a direct or indirect interest in anyenterprise under his or her inspection orsupervision;(b) not reveal manufacturing or commercial secrets orworking processes which have come to his or herknowledge in the course of his or her duties; and(c) treat as confidential, the source of any complaintbringing to his or her notice a defect or breach ofthe law and shall give no intimation to the employeror his or her representative that a visit of inspectionwas made in consequence of the receipt of suchcomplaint.19
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Labour Code 2012 - Government of Montserrat

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