Revised Laws of Saint Lucia (2021)

3.   Trade disputes may be reported to the Governor General

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   (1)   Any trade dispute as defined by this Act, whether existing or apprehended, may be reported to the Governor General by or on behalf of either of the parties to the dispute, and the Governor General shall thereupon take the matter into his or her consideration and take such steps as seem to him or her expedient for promoting a settlement thereof.

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   (2)   Where a trade dispute exists or is apprehended, the Governor General may, subject as hereinafter provided, if he or she thinks fit and if both parties consent, refer the matter for settlement to an arbitration tribunal constituted of either—

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      (a)     a sole arbitrator appointed by the Governor General;

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      (b)     an arbitrator appointed by the Governor General, assisted by one or more assessors nominated by or on behalf of the employers concerned and an equal number of assessors nominated by or on behalf of the workers concerned, all of whom shall be appointed by the Governor General. However, the award shall be made and issued by the arbitrator only; or

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      (c)     one or more arbitrators nominated by or on behalf of the employers concerned and an equal number of arbitrators nominated by or on behalf of the workers concerned, and an independent chairperson, all of whom shall be appointed by the Governor General. However, where all the members of the Tribunal are unable to agree as to their award, the matter shall be decided by the chairperson as sole arbitrator.

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   (3)   If there are existing in any trade or industry any arrangements for settlement by conciliation or arbitration of disputes in such trade or industry, or any branch of trade or industry, made under an agreement between organisations of employers and organisations of workers representative respectively of substantial proportions of the employers and workers engaged in that trade or industry, the Governor General shall not, unless with the consent of both parties to the dispute, and unless and until there has been a failure to obtain a settlement by means of those arrangements, refer the matter for settlement in accordance with the foregoing provisions of this section.

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   (4)   The provisions in the Second Part of the Code of Civil Procedure and of the Arbitration Act relating to arbitrators and arbitrations shall not apply to any proceedings of an arbitration tribunal under this Act or to any award issued by it.