Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012organisation in the furtherance or purported furtheranceof the objects of its rules.(2) Subsection (2) shall not be construed as exempting atrade union or employers' organisation or any of itsofficers, representatives or members from contractualliability for goods or services, from obligations incurredin respect of property or from liability for any criminalmalicious or negligent act.147. Amalgamation(1) A trade union or employers' organisation may, inaccordance with its rules and subject to the provisions ofthis Code, amalgamate with any other trade union ororganisation.(2) In the event of amalgamation, the newly constitutedtrade union or organisation shall assume all the rightsand duties of its predecessor organisations unless theHigh Court upon the application of an interested partyand for good cause, directs otherwise.148. Defunct organisations(1) Upon application by a member of a trade union oremployers' organisation, the Registrar may, declare atrade union or an employers' organisation to be defunctif the Registrar is satisfied that it is no longer carryingon any of its activities for a period of over 2 years.(2) Any declaration made under this section shall includethe winding up of the trade union or employers'organisation and such direction for the disposal of thetrade unions' or employers' organisations' assets, as theregistrar may deem just, having regard to the objects andthe constitution of the trade union or the organisation ora resolution of the majority of the trade union membersin good standing.(3) A trade union or employers' organisation subject to adeclaration made under this section may appeal to theHigh Court.90