Industrial Relations Act 1946

Effect of recording of orders.

78

78. (1) Where a wages (standard rate) order and a bonus order are recorded, the following provisions shall, during the period during which the said orders continue to be recorded, have effect, that is to say:—

( a) the employer of any worker to whom the said orders relate shall pay to such worker remuneration at a rate not less than the appropriate rate specified in the wages (standard rate) order, together with the bonus specified in the bonus order;

( b) if a contract between any worker to whom the said orders relate and his employer provides for payment of remuneration at a rate (in this paragraph referred to as the contract rate) less than the rate specified in the wages (standard rate) order, together with the bonus specified in the bonus order, the contract shall, in respect of the said period have effect as if it provided for payment of remuneration at the rate specified in the wages (standard rate) order together with the said bonus in lieu of the contract rate;

( c) if a trade union of workers complains to the Court that an employer has, in respect of any worker to whom the said orders relate, failed or neglected to comply with paragraph ( a) of this subsection—

(i) the Court shall consider the complaint, and shall hear all persons appearing to the court to be interested and desiring to be heard,

(ii) if, after such consideration, the Court is satisfied that the complaint is well-founded, the Court may by order direct the said employer to pay any sum due to the worker for remuneration in accordance with the orders;

( d) if an employer to whom the said orders relate or a trade union representative of such employers complains to the Court that a trade union of workers is promoting or assisting out of its funds in the maintenance of a strike which to the knowledge of the general committee of management of the trade union of workers has for its object the enforcement of a demand on an employer to pay to a worker to whom the orders relate remuneration other than that provided by the orders, the following provisions shall have effect:—

(i) the Court shall consider the complaint and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(ii) if, after such consideration, the Court is satisfied that the complaint is well-founded—

(I) the Court may, by order, direct the said trade union of workers to refrain from assisting out of its funds in the maintenance of the said strike;

(II) the Court may cancel the recording of the orders.

(2) Where—

( a) a strike continues after the Court has made an order under subsection (1) of this section in respect of the strike, and

( b) members of a trade union of workers, whose rates of remuneration are not the subject of the strike, are unable or decline to work while the strike continues,

then, the payment to those members of strike benefit in accordance with the rules of the trade union shall not be regarded, for the purposes of this section, as assisting in the maintenance of the strike.

(3) If, where an order is made by the Court under subparagraph (ii) of paragraph ( c) of subsection (1) of this section or under clause (I) of subparagraph (ii) of paragraph ( d) of subsection (1) of this section, the direction contained in the order is not carried out, the person to whom the direction is given shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offence is continued.