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346.   Legal status, immunity from civil suits and restraint of trade

Revised Laws of Saint Lucia (2021)

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346.   Legal status, immunity from civil suits and restraint of trade

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    (1)   A registered trade union or registered employers' organization shall have capacity to contract and to hold property, and to sue and be sued.

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    (2)   Notwithstanding subsection (1), civil proceedings except those expressly allowed under this Act or any enactment in force in Saint Lucia shall not be brought against a trade union or employers' organization issued with a certificate of registration in accordance with this Division, or against any officer, representative or member of a trade union or employers' organization, in respect of any act done in good faith, done by, or on behalf of the trade union or employers' organization in contemplation and furtherance of a trade dispute or the objects of its constitution.

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    (3)   An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business or employment of some other person, or with the right of some other person to dispose of his or her capital or labour as he or she wishes.

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    (4)   Subsection (2) shall not be construed as exempting a trade union or employers' organization or any of its officers, representatives or members from contractual liability for goods or services, from obligations incurred in respect of property, or from liability for any criminal, malicious or negligent act.

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    (5)   The purpose of a registered trade union or employers' organization shall not, by reason merely that it is in restraint of trade, be deemed to be unlawful so as to render any member of such organization liable to conspiracy or otherwise.

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    (6)   The purpose of a registered trade union or an employers' organization shall not, by reason only that they are in restraint of trade be unlawful so as to render voidable any agreement or trust.

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