PS Baker outlines when strike action is legal in employment disputes |04 October 2019

PS Baker

Following recent strikes by staff of the Seychelles Revenue Commission (SRC), the principal secretary for employment Jules Baker yesterday explained the procedures in place in instances where there are disputes or grievances within the workplace, between employees and employers.

PS Baker noted that the SRC strike was illegal although he acknowledged that it was not without merit, and outlined the different options to individual employees or collective groups of employees prior to taking strike action as a last resort.

Firstly, if there is a grievance or discord within the workplace between employees and their employer and the employee feels as though the grievance is not remedied at work, they can register a case with the Ministry of Employment who invites both parties for a mediation process whereby both parties discuss the issue and mediator, whose role is to facilitate communication between the parties in conflict, to help them reach a voluntary resolution to their dispute that is timely, fair and cost-effective.

However, if in this instance, there is no agreement between the parties and the case is unresolved, the case will then be referred to the Employment Tribunal, an independent judicial body established to resolve disputes between employers and employees over employment rights. The tribunal hears claims about employment matters such as unfair dismissal, discrimination, wages and redundancy payments. PS Baker noted that such avenues apply to individual employees.

In terms of a collective group of employees, there have been strikes recently by various groups of workers expressing their dissatisfaction with their salaries and work conditions. PS Baker noted that a group of workers cannot take strike action or a protestation unless they are members of a worker’s union as is the case in larger, much more developed countries.

He noted that while strike actions are not illegal, strike actions should only be considered if other mechanisms in place have been explored but to no avail.

“Normally, a group of workers need to be a member of a union. If they have explored the multiple avenues, then they have the right to strike to reach their solution. First off, all employees who want to make a demand to an employer must be a member of a union,” PS Baker noted.

He urged all employees to join a union of their choice as unions or to elect a group of employees to voice their concerns on their behalf. Once a union has been established or employees are members of a union, they can then approach the employer and discuss their issues in an amicable manner.

If however, there is no agreement, the union can write to the Registrar Trade Union, as per Section 5 of the Industrial Relations Act who considers whether the complaint has any merits. The Registrar will then communicate to the Minister of Employment who appoints a dispute resolution board comprising members from both sides and a chairperson for discussions and a decision to be taken within 45 days. Only if the Board does not reach a verdict by the stipulated timeframe can employees proceed to organise strike action.

If the board however does not reach a verdict within the stipulated timeframe, the minister can also refer the case to the Industrial Relations Tribunal to hear the case and make a decision or order for an award.

Decisions can also be appealed before the Supreme Court who decides on the merits of the case and reaches a decision.

PS Baker continued on to state that despite the law making provisions for such mechanisms, communication between employees and employers is imperative and that they should be accommodating to employees requests.

“Strikes impact on the organisations as well as the economy and the protesting parties may not necessarily feel it while others do, especially when they are delivering an essential service. The department of employment is urging everyone to have patience and to discuss and follow the law, otherwise, the penalties under the act will have to be enforced,” PS Baker noted.

PS Baker further noted that since last year, the department of employment has since last year been monitoring industrial relations in Seychelles and has come to the conclusion that the existing law needs to be modernised and updated to reflect contemporary society.

The department is currently collaborating with the International Labour Organisation (ILO) who is assisting with technical assistance to review and revise the law.

He noted that provisions such as the 45-day timeframe for the board to give a decision should be revised as well as the penalties for illegal strike which are considered too lenient.

Currently the law sets out a R10,000 penalty for illegal strikes by trade unions or persons who incite others not to work can face a fine of R5,000.

The Industrial Relations Act is available on the department of employment’s website for interested parties to download should they wish to consult the law.