Essential Services Act, 2008 (No. 9 of 2008)

1. Short title

2. InlCIpl t'lilliull 3. Application 5. Referral to the Court

6. Special provisions re notice of termination of employment

7. Amendment of the Schedule

8. Amendments to the Antigun and Barbudo. Labour Code, Cap, 27

9. Amendments to the Industrial CourtAct, Cap. 2 J4 Schedules SCHEDULE 11Ie EssentialServicesAct, 2008. 4 No.9 of2008. No; 9 Qf2008. 5 TheEssential ServicesAct, 2008. ... ".4 1 . • I Assent. (L.S.) ANTIGUAANJ> BARBUDA THE ESSENTIAL SERVICES ACT, 1008 Nu. "urZOO8 AN Act to minimise interruptions of work. likely to jeopardise the health or safety of persons in Antigua and Barbuda or the economy of Antigua and Barbuda and for incidental and connected purp03OD. ENACTED by the Parliament ofAntigua andBarbudaas follows:

1. Shorttltle This Act may be cited lIS I:hc: Essential Services Act, 2008. (J) In tbiSAct- ''Court'' means the Industrial Court eatahlished under section 4 oftho Indu&trinl COlUtAct, Cop. 214; "essentialservices" meansa service listed in the Schedule; "major disp~".means 8' trade dispute that has seriously jeopanlised or is likely to seriously The Essential Services Act, 2008. 6 No. 9 of 2008. jeopardise the health or safety of persons in Antigua and Barbuda <K the economy of Antigua and Barbuda because of an interruption ofworlc or a threatened intemJption of work; "Minister" means the Minister with responsibi1ity'for labour. (2) The following definitions from section AS of theAntigua and Barbuda Labour Code,Cap. 27 apply to this Act, except that a reference to an employee iticlucie& an established or oon-establisbcd employee ofthe Government ofAntigua and Barbuda--- (4) employee; (b) employer; (c) employment contract; (d) established employee-, (e) industrial action; (f) non-established employee; (g) organisation; (h) trade dispute; and (I) trade union, (3) A trade dispute is presumed to be a majordispute if it is one that is seriously jeopardising or is likely to seriously jeopardise the health or safety of persons in Arttigua and Barbuda Of the economy of Antigu.o. and Barbuda in 3D essential service.

3. Application For greater certainty. this Act applies to major disputes-- (a) whether the employer parties to the dispute are in the privateorpublic sector; and (b) whether the employee parties to the dispute are penOJ1S worltingunder employmentcon- tracts with employers intbe private or public sector, and as established or non-estab- lishedemployees.

4. No industrial action where major dispute in a. essential service (I) Notwithstanding the provisiODSOf section K19 of !:be Antiguaand Barbuda Labour Code, or of No.9 of 2008. 7 TheEssentialServices Act, 2008. .-y ocbor law, no ~ action sbBll be commenced, or, if commenced, shall be t;lontinued, in a trade dispute in an- essential service, unless it is the subject of an order issued under subsection (2). or (2) The Minister may, in the exercise oCbis discretion or after consultation with after hearing submissions &om the affected trade union or employment otpnisiltiOD. issue an order determining that a particular Iradc dispute in aD csscntialllCl'V:ice is not a major dispute. (3) An order issued under subsection (2) has effect immediately after- (a) publi(:8.tion oflbe Order in the Gazette; or (b) service oftttt: Orderon both the 1rIIde union or employee organisation and the employer; wlucbever IS earber. (4) For the purposes of lIUbsection (3}-- (a) lJICIVioc on A irack UDioD or ~ organisation shAll be wade by leaving a copy of the order at its n=gisIcml oBice OJ' by giviDg a copy of the order to an official of the trade union or employee Olgaaisation; aDd (b) service on an employer shill be mrle (i) in the case: ofa priva.sector employer, by leaving a copy oflbe order at a place of businessoflbe employer or by giving. copy oftbe Olderto a member of manage- ment oflhe employer, and (ii) in the case of a public sector employer; by leaviog a copy at the offices of the Establishment Department and at Ibe C<DZI11ed Mini8by. or by giving a copy of the order to a senior memberofmanageIDCIII: at that Deputmcm andthat Ministry. (5) An order issued under subsection (2) contiJwes to be in effect until die date on which-- (a) a new order reversing the previous order is issued, and is published or served in accor- dance with !Iub8ccLiUUlS (3) and (4); ur (b) a final decision ofthe Court is made under section S resolving the trade dispute and any appeal is exhausted; whicheveris earlier.

5. Referral to the Court (I) Notwithstanding the provisions ofthe Antigua andBubuda Labour Code and dle Civil Service The Euential Services Act. 2008. 8 No.9 of2008. Act, Clip. 87, ira trade ~pUIl:; ill II lWIjUI iliziputc in an ~tiAl K!yjcc:, 1heMUriaIl:;£ lIlualltc;fCl it iu writing to the Court. (2) If the Ministerrefers a major dispute to the Court- (a) theCourt bas soleJUrisdiction to hear and adjudicate on the issuesin the major dispute as thoughthe referral were a referralundersection 19 ofthe IndustrialCourt Act; and (b) the Court shall hear the matter expeditiously and in any event within 21 days.

6. Spedal provisions re Rotite of tenmnatioD of employment (I) Whether or not a strike B uDlawful. an employee in an et9ential service shall not wilfully break or terminate his COnP'8ct o.f.-vice wilhout fourteen days' written notice, if the employee knows or bas reasonable ca\1S01t) believctbat the probableconsequence of doingso, either alone or incombi- nation with others, will be to- (a) deprive the public Of' a section of the public of the enjoyment of the essentiaJ service; (b) endanger human life or public health; (c) cause serious bodily injury to any person; or (d) exposevaluable property to the risk of destruction, loss or $CrioWi injwy. (2)A person shall notcause, procure or counselan employee referred to in subsection (I) to break or terminate his contract of service withoutfourteen days' written notice, if the personknows or has reasonablecause to believe that theprobableconsequence of the employee'sdoingso, either aloneor in combination with others. will be to-- (a) deprive the public or a sectionof the public of the enjoyment ofthe essentialservice; (b) endanger human life or public health: (c) cause serious bodily injury to any person; or (di expose valuablepropertyto the risk of destruction, lossor serious injury, (3) A person who contravenes a provisionof this sectioncommits an offenceand-- (a) in the case of subsection (]), is liable OD summary conviction to a fine of five thousand dollarsor to imprisonment for three months or to both; and. No.9 of 2008. 9 T1te EssentiIJl Services Act, 2008. (b) in the case ofsubsection (2). i~ liahle-nn IIWDUlT8:ry Cilft1Iictifln to R fine tlfeieht rhtluRaoo dollars or to imprisonment for three months or to both. (4) In proceedingsin respect of an offenceunderIbis section. the court shall presumethe existence -of the contract, and in the particular service alleged in the charge unless the c:ontrary is proved.

7. Amendmeot of the Schedule The Mini3ter mo.y by order ~end the Sebcdv.le to add to or delete &c.m the list ofessential servicee,

8. Amendments to tbe Antigua and Barbuda Labour Code. Cap. 27 (a) in section AS, by repealing, at the end of the definition "essential service" the words "Division K" and substituting the words "the Essential ServicesAct, 2008:" (b) in sectionK2, by adding, at the endofthe definition "essentialservices"the words"to the Essential ServicesAct, 2008"; (c) in subsectionK13(2),by repealing the words in thatsubsectionafter "Schedule" includ- ing the proviso and substituting the following "to the Essential Services Act. 2008"; fd) by repealingsection1<23: and (e) by repealing the Schedule to Division K.

9. AmendmeDts to the Industrial COQrtAct. Cap. 214 The lndusttial Court Act is amended (a) hy adding, at the heginn;ng of ~tit\n ~(2), the urnnk '~ubj~t to ·.mh~tll'ln 0),"; (b) by adding at the end of section 3, the following subsection: "(3) This Act appli~s to the Government and to all employees of the Government, whether estab Jished 01' non-established employees. to the extentnecessary to establishthejurisdiction of the Court in respect ofmajor disputes in an essential service under the Essential ServicesAct, 2008,"; and (c) by adding clt the end of subeection 4(1), the ~rds "Qr llIJy other Act." 17It EssentialServicesA.et, 2008. 10 No. !IlonOOB~ 8C11EDULE (SeeMII!) I. Waterservices

2. Electricityservices

3. Hospital services

4. Fire services

5. Prison services G. Ail- U-aftif; .-0111&01 servicee

7. Meteorological services

8. Servicesrendered by persons employed in the Government Printing Office Q_ Service!! rendered by the Port Authority

10. Services rendered by an entityprovidingtelecommunications services Passed by the House ofRepresentatives on Passed by the Senate on thi8 21 st day of this 21 st day of July, 2008. August, 2008. IladJ'P- M. Fr••cll, D. GlseBe Is..c-Arrlnd~ President. Speaker. L. Thomas, L. Thomas, A.cting Oerk to the Senate. ActingClerkto theHouseofRepresentatives.