Our History

 

The Industrial Relations Act of 1970 established an Industrial Relations Board.

HISTORY OF THE INDUSTRIAL TRIBUNAL

The Industrial Relations Act of 1970 established an Industrial Relations Board. The purpose of the Board was as follows:

(1) hear all trade disputes relative to Essential Services referred by the Minister of Labour;
(2) to register Industrial Agreements;
(3) to hear any matters relative to the registration of such agreements.

The Industrial Relations Act was amended in 1979 to also establish the Arbitration Tribunal for the hearing of all disputes relative to Non-Essential Services with the Industrial Relations Board retaining its function and jurisdiction with respect to the hearing of Essential Services disputes.

In the case of Princess Casino vs The Minister of Labour 1992 former Chief Justice and President of the Court of Appeal The Right Honourable Dame Joan Sawyer ruled that the arbitration process was voluntary and that all parties had to give consent to the process.

This landmark decision resulted in the employer’s unwillingness to submit to the arbitration process amongst other things. Consequently, this led to the Government’s decision in light of the ensuing challenges in consultation with the Trade Unions and Employers Federation to establish the Industrial Tribunal pursuant to section 53 A of The Industrial Relations (Amendment) Act, 1996.

 

The Act was amended in 1997 and the jurisdiction of the Industrial Tribunal was as follows:

(1) To hear and determine trade disputes in both essential and non-essential services; and
(2) To register Industrial Agreements relating to essential and non-essential services, and to hear and determine matters relating to the registration of such agreements; and
(3) To hear and determine any other matter brought before the Tribunal in accordance with the Act.

The Industrial Relations (Amendment) Act, 2012, No. 28 of 2012 amended the jurisdiction of the Industrial Tribunal and provided by section 49 of the Principle Act that the Registrar of Trade Unions and Industrial Agreements pursuant to section 5(1) and 48 is responsible for the registration of Industrial Agreements.

 

The Industrial Tribunal became operational on 3 February 1997. There were two (2) Tribunals established at the same time, one in New Providence at the Monument Building and another Tribunal was established in the Northern Region and is located in the Garnet Lavarity Building, Freeport Grand Bahama.

 

The Tribunal’s first hearing in New Providence and the Northern Region commenced in both locations in May 1997. The first sitting President and Vice President of the Industrial Tribunal were Acting President, His Honour Mr. Malcolm Adderley Jr. who sat in New Providence until 29 January 1999 and Vice President, Her Honour Constance McDonald who sat in the Northern Region until 31 August 1998.