First Trade Dispute Tribunal launched
July 6, 2024 4:56 am | Posted in Business News | Share now TwitterFacebook
By Sabrina Tabi.
The first ever Trade Dispute Tribunal (TDT) office to determine trade disputes in Vanuatu was officially opened yesterday at the Ministry of Internal Affairs (MoIA) premises in Port Vila.
Also known as Employment Relations Tribunal, and previously known as the Arbitration Board, this tribunal is established following an amendment to the Trade Disputes Act.
A significant change that was initiated during the tenure of former Minister of MoIA, Ishmael Kalsakau, to replace the previous Arbitration Board that was widely criticised for its inability to fulfil its intended role effectively.
The current Minister of Internal Affair’s First Political Advisor, Ronald Warsal, expressed on behalf of Minister Johnny Koanapo, who is currently on an overseas trip that, the mission of this tribunal is to ensure that workers and employers have equal access to TDT services, to ensure there is fair and impartial procedures in place to resolve trade disputes, to ensure there is a quasi-judicial court to preside and make awards within 3 months, and to bring finality to trade disputes.
He stressed that this development is aligned with the International Labour Organisation (ILO)’s goals to promote social justice and recognise human and labour rights, noting that social justice is essential to universal and lasting peace.
The Adjudicator of the Tribunal, Mr. Clifton Rau, explained that trade disputes include terms and conditions of employment, physical conditions at the work place, engagement or non- engagement, termination or suspension of workers, allocation of works or the duties of employment, any related matters of discipline, membership or non- membership of trade unions on the part of workers, facilities for officials of trade unions, and machinery of negotiation or consultation.”
In regards to how this tribunal will operate, Mr. Rau conveyed that trade disputes will be referred to the tribunal by either the Commissioner of Labour, or the Minister of Internal Affairs, pursuant to the Tribunal Rules and Procedures.
“For the Commissioner, if he or she is unable to resolve the case by conciliation within 7 days, the case is referred to the tribunal with a certificate of the unresolved dispute and a report of the dispute by the commissioner.
“The minister may refer a dispute to the tribunal when he or she considers that the dispute may cause a substantial disruption to an essential service.
“Once the case is referred to the tribunal, the office will take 3 months to expedite determination of the cases,” said Mr. Rau.
This 3 month of giving a decision will be counted from the date of the registration of the case at the tribunal office.
Mr. Rau emphasised that this is an infant institution, and changes will be made in the future to ensure it serves its mission and vision.
Commissioner of Labour, Murielle Meltenoven, expressed gratitude to the government for this significant development, stating that it has been a long time cry for the workers in Vanuatu experiencing grievances within their employment.
“It is a big achievement for us in the Department of Labour, as it will help us in resolving disputes between employees and employers throughout the country as the employment landscape continuous to change,” she said.
The Minister of Justice and Community Services (MoJCS), Mr. John Amos, who is also the Chairman for the Judicial Service Commission (JSC) urged those who will be working in this tribunal to always uphold the law and integrity of the legal profession and to not let their emotions influence their decisions.
