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17.
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The existing provisions are considered satisfactory and adequate and therefore no need to change.
Protection of Trade Union Officials and Members
18.
The existing TUO grants immunities to strikers and trade unions from criminal liabilities for conspiracy and also to registered trade unions from certain civil liabilities in respect of any act done in contemplation or furtherance of a trade dispute to which a member of such trade union is a party. Besides, it prohibits any action against a registered trade union for any tortious act committed in contemplation or furtherance of a trade dispute. However, there is no provision spelling out clearly whether employees, union officials and members are entitled to such protection.
19.
It is, therefore, proposed that the TUO be amended so that individuals concerned will also be able to have the same immunity from certain civil actions as in the case of a trade union in respect of any act done in contemplation or furtherance of a trade dispute.
Protection Against Anti-union Discrimination
20.
The EO gives every employee the right to form, or become a member or an officer of, a registered trade union, to take part in its activities outside working hours or within working hours with his employers' consent or to organise a trade union and apply for its registration. It prohibits an employer from preventing or deterring an employee from exercising these rights, and from dismissing, penalizing and discriminating against an employee for exercising such rights. Violation of these provisions constitutes an offence and upon conviction, the offender is liable to a fine of $20,000.
21.
Although there have been occasional complaints from employees against their employers for anti-union discrimination, there have not been any successful prosecutions in this respect. Experience reveals that breaches of these provisions are difficult to prove because a covert intent to discriminate can always be disguised under other manifested cause. On the other hand, a genuine cause of dismissal can be misinterpreted as discrimination. Discrimination inevitably involves subjective judgement which is difficult to prove in most cases.