C.S. 166
CONFIDENTIAL
XCC(70)56
機密
2
Conciliation
7
It is desirable that disputes between employer and employee should, as far as possible, continue to be settled by means of the existing conciliation machinery of the Labour Department. It is hoped that disputes will normally only be taken to a labour court if conciliation has been tried and has failed or if one of the parties has refused to take part in any conciliation discussions with the other.
8
In order to encourage parties to make use of concil- iation machinery, it is proposed to include in the bill a provision empowering a labour court to refer any dispute which comes before it to conciliation, if not satisfied that adequate efforts have already been made to make use of this machinery.
Representation
9.
It is intended to provide that employees may be able to bring representative actions, on behalf of themselves and of any other employees who have the same or a similar cause of action against the same employer.
10
However, it is thought necessary to prohibit legal repres- entation in any proceedings before labour courts, to ensure that proceed- ings in them remain as simple, untechnical and inexpensive as possible.
Procedure
11
Labour courts should sit in places which are convenient to litigants. Consequently, a labour court should be as mole as possible and prepare to sit in any suitable premises anywhere in the Colony.
12
The Presiding Officer should have a discretion to conduct proceedings in a labour court in whatever language seems to him to be appropriate to the particular case before him. He would normally adopt the language selected by the complainant, though it will be necessary for the purposes of any possible appeal for the official record and judgment to be recorded in English.
13
Wherever possible, the Presiding Officer should deliver his judgment immediately at the end of the hearing, to save the time of those involved in the dispute. It will be necessary to devise suitable arrangements for the payment of sums awarded by a labour court. In general, it is thought that payment should be made to the labour court
and the facilities of the Labour Department then used to distribute awards among employees if necessary.
CONFIDENTIAL
機密