Labour Code 2012 - Government of Montserrat

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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
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(a) in any subsequent investigation of the disputeconcerned unless the person who said or admittedthe thing, or to whom the document relates,consents to its admission;(b) against any person in any court or at any inquiry orin any other proceeding and no evidence in respectof the conciliation may be given against any person.23. The Labour Tribunal(1) There is established a Labour Tribunal to settle anydispute transmitted to it by the Labour Commissioner.(2) The rules of the Tribunal shall be made by the Governoracting on the advice of Cabinet.(3) Subject to subsection (2), the Tribunal shall regulate itsown procedure.24. Appointment of the Tribunal(1) The Governor acting on the advice of Cabinet shallappoint 6 members to the Tribunal—(a) 3 members representing the interests of employers;and(b) 3 members representing the interests of employees.(2) The appointment shall be for such period as theGovernor acting on the advice of Cabinet shall specifyand each appointment shall be subject to renewal.(3) The Chief Magistrate shall be the Chairperson of theTribunal.(4) Despite subsection (3), the Chief Magistrate may delegatethe function of Chairperson, on a case by case basis, toanother magistrate.25. Remuneration of members of the TribunalThe Chairperson and members of the Tribunal shallreceive such remuneration as is prescribed by theGovernor acting on the advice of Cabinet.25
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Labour Code 2012 - Government of Montserrat

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