Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012which should have been paid and the amount which waspaid together with interest where appropriate.(3) Where it is alleged that an employer has paid less thanthe minimum wage, the burden of proof shall be on theemployer to prove that there was no violation of theminimum wage order.PART 3—SETTLEMENT OF DISPUTES22. Procedure for the settlement of disputes(1) Any dispute arising out of any matter covered by theCode or any law relating to employment or generally outof the relationship between the employer and theemployee may be referred by either party concerned orhis or her representative to the Labour Commissioner forsettlement.(2) Upon notice of the dispute, the Labour Commissioner ora labour officer shall investigate the matter and makeevery effort to settle the dispute by conciliation inaccordance with industrial relations practice, and may—(a) request the parties to meet with him or her jointly orseparately;(b) request the parties to state the facts as they knowthem and their respective positions on the issue; and(c) request the parties to present witnesses and he orshe may examine any person in relation to theissues, either alone or in the presence of others, athis or her discretion.(3) Where the Labour Commissioner fails to achieve asettlement within 30 days from the date of notice of thedispute or such longer period as the parties may agree,the Labour Commissioner shall refer the dispute to theLabour Tribunal for determination.(4) Anything said or admitted during conciliation at thelevel of the Labour Commissioner and any documentprepared for the purposes of the conciliation shall not beadmissible in evidence—24