Trade Disputes Act · 1984 Revised Edition
Section 7
Official textFrom Attorney General's Chambers, unchanged
Every person employed in an essential service who wilfully breaks, or terminates, his contract of service, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the public, whol-ly or to a great extent, of that service, shall be guilty of an offence: Penalty, imprisonment for 3 months and a fine of
$6,000.
Provided that where any collective withdrawal of labour from an essential service is contemplated, whether in pur-suance of a trade dispute or otherwise, and notice in writing of their intended participation in such withdrawal is given either individually by persons employed in that service or on their behalf by a registered trade union or registered trade unions of which such persons are members, any such person shall not be liable under this subsection unless he breaks or terminates his contract of service before the expiration of the period of 28 days next following delivery of that notice.
trade dispute
"trade dispute" means any dispute between em-ployers and workers, or between workers and workers connected with the employment or non-employment, or the terms of the employment or with the conditions of any person;
His Majesty in Council may make regulations prescribing the form and manner in which the notice refer-red to in the preceding subsection shall be rendered.
9
Breach of contract in essential ser-vices
10
Trade Disputes
Every person who incites or instigates or in any way encourages, persuades or influences a person employed in an essential service to break or terminate his contract of service, knowing or having reasonable cause to believe that the probable consequences of that employed person so doing, either alone or in combination with others, would be to deprive the public, wholly or to a great extent, of the service, shall be guilty of an offence: Penalty, imprisonment for 3 months and with a fine of $6,000.
Every employer in an essential service shall cause to be posted up on all premises used for the purposes of that service, a printed copy of this section in some conspi-cuous place where the same may conveniently be read by persons employed therein, and as often as such copy becom-es defaced, obliterated, destroyed or removed, shall cause it to be replaced with all reasonable despatch.
Every employer, other than the Government, who fails to comply with the provisions of the immediately preceding subsection shall be guilty of an offence: Penalty, a fine of $500 for every day during which he fails to comply.
( 6) Every person who unlawfully injures, defaces, obliterates, destroys or removes any printed copy of this section posted up as required by subsection (3) hereof shall be guilty of an offence punishable with a fine of $3,000.
For the purposes of this section-
the following public services shall each be an essential service, namely, electricity, fire, gas, health, hospital, sanitary, water, together with any other service to which His Majesty in Council has declared that this Act applies;
save as is otherwise provided in this Act,
"employer" includes the Government and the
Trade Disputes term "person employed" or "employed person"
includes a person employed by the Government.
Terms defined in s 2
trade dispute
Defined · s 2"trade dispute" means any dispute between em-ployers and workers, or between workers and workers connected with the employment or non-employment, or the terms of the employment or with the conditions of any person;
trade union
Defined · s 2"trade union" means any combination whether temporary or permanent the principal purposes of which are under its constitution the regulation of the relations between worker and employers, or between workers and workers or between em-ployers and employers, whether such combination would or would not if this Act had not been enacted have been deemed to have been an unlaw-ful combityition by reason of some one or more of its purposes being in restraint of trade;
Part III