CO129-626-3 Labour Department- report to Labour Commissioner 1-3-1951 - 30-6-1952 — Page 97

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315. It has been my experience that the usual effect of a report of a Court of this kind is both salutary and educational. It is not, of course, a measure which can effectively be used frequently but there do arise instances, in almost any large community, where a procedure of this kind is invaluable.

316. While arbitration" is a very effective and useful method of settling disputes regarding terms and conditions of employ- ment between employers and workers, such a procedure is only practicable at this stage when there is agreement by both sides.

317. In the case of a Court of Inquiry no such agreement is necessary and a Court is set up by His Excellency usually on the advice of his Commissioner of Labour. The membership of a Court of Inquiry, which is an ad hoc body, normally consists of a Chairman and two assessors appointed by the Governor, the assessors being representative of the employ rs and workers respectively.

318.

There is no reason, if it is so desired, why the appoint- ment of assessors should not be made from panels, provided that care is taken to ensure that neither of the assessors is in any way connected with or interested in the particular industry in which the dispute: exists. Such an arrangement, however, has not been found to be desirable as a rule..

319. The terms of reference of the Court are determined by the Government and published in the dazette at the same time as the notification of the appointment of the Court. I might add that in setting up a Court of Inquiry the greatest care is necessary in :

(a) deciding on the terms of reference;

(b) selecting the Chairman and Assessors constituting

the Court; and

(c) timing.

It is also important that the right dispute or threatened dispute should be selected for the imposition of such a measure

320. It is accordingly recommended that the Trade Union and Trade Disputes Ordinance 1948 be amended to permit of the setting up of a Court of Inquiry whenever such action appears desirable and a draft amendment to the Ordinance together with appropriate rules is given in Appendix 5.

XVIII.

PUBLICITY.

521. It. has been my impression that the Department of Laboub is rather too inclined to hide its light under a bushel. It is, in fact, doing an excellent job of work, often under difficult circumstances but it would seen that the general public is being kept in ignorance of what is being done or what is contemplated and the only information muûe available to the press is that contained in the Department's Annual and Quarterly Reports.