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343.   Suspension and cancellation of registration

Revised Laws of Saint Lucia (2021)

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343.   Suspension and cancellation of registration

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    (1)   The Registrar may suspend, cancel or withdraw registration of any trade union or employers' organization—

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      (a)     where it fails to submit an annual return in accordance with this Division;

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      (b)     if he or she is satisfied that the registration was obtained by fraud or by mistake;

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      (c)     where, by reason of a change in its constitution, the principal objects of the trade union or employers' organization, in his or her opinion, are no longer statutory objects or where in his or her opinion the principal objects for which the trade union or employers' organization is actually carried on are unlawful or against its constitution;

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      (d)     where the trade union or employers' organization has violated a requirement relating to the matters imposed on it by or under this Division and has persisted in its default after the Registrar has given it notice to remedy such default and the time for remedying such is expired;

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      (e)     at the request of the trade union or employers' organization;

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      (f)     on satisfactory proof that the trade union or employers' organization or its funds are being used for an unlawful purpose or a purpose not authorized under this Act or its own constitution;

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      (g)     on satisfactory proof that the accounts of the trade union and employers' organization are not being kept in accordance with this Division and its own constitution.

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    (2)   In the case of the grounds specified in subsections (1)(a), (c), (f) and (g), the Registrar shall cause to be served a notice on the trade union or employers' organization specifying the grounds on which he or she intends to withdraw or cancel the registration, and the organization shall within 8 weeks or such longer period as the Registrar may grant, commencing from the date of the service of the notice, comply with the requirements of the notice and remedy the default, failing which the Registrar shall cancel the registration.

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    (3)   A trade union or employers' organization whose certificate of registration has been withdrawn or cancelled, shall, from the time of such withdrawal or cancellation, absolutely cease to enjoy the rights and privileges of a registered trade union or employers' organization and under subsection (4) shall proceed to wind up its affairs, but without prejudice to any liability actually incurred by such trade union or employers' organization which may be enforced against the same as if such withdrawal or cancellation had not taken place.

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    (4)   Every trade union or employers' organization not registered in accordance with the provisions of this Division shall be dissolved within 3 months from the date when any of the events mentioned in paragraph (a) or (b) shall have taken place, that is—

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      (a)     where the Registrar has refused or rejected an application to register or has withdrawn or cancelled the registration of a trade union or employers' organization and in either case, the period provided for in this Division for appealing therefore has expired; or

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      (b)     where an appeal has been unsuccessfully maintained by a trade union or employers' organization in respect of a refusal or rejection to register or withdrawal or cancellation of registration by the Registrar.

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