Workers in this country would have breathed a collected sigh of relief when Parliament passed the Employment Rights Act. That act ushered in a series of reforms that are intended to introduce a previously unknown level of fairness in the employer/employee relationship. The introduction of this act was resisted for a number of years by both employers and trade unions for different reasons: employers and their representatives were used to the one-sided relationship and were fighting to the bitter ends to hold on to the almost feudal system that currently exists; and unions, one in particular, were used to brute force to resolve disputes which would now be replaced by a rules based system that required a hitherto unpractised intellectual approach. Even though both sides opposed the legislation, for different reasons, it is in effect a first step in the right direction.
The Governor-General gave his assent to the Employment Rights Act on May 18, 2012; and it was brought into force on May 24, 2012 when it was published as a supplement to Official Gazette N0. 43 dated that same day. May 24th should have been celebrated as a landmark for the protection of workers’ rights. Instead, it will go down as a day of infamy since the Employment Rights Act was the law of the land for a mere 25 days.
Without fanfare the act was again published as a supplement to Official Gazette No. 52 dated June 18, 2012. This time around the date of commencement of the act was removed and substituted with a notation that it would be brought into force on a date fixed by proclamation.
As far as I am aware, the Employment Rights Act is the law of the land and has been in force since May 24, 2012 since that date was notified as the date of commencement in the Official Gazette. This unorthodox procedure to delay its implementation would not suffice. If Government was persuaded to suspend the operation of the act, it should have gone to Parliament and passed a resolution to do so.
Government owes the people of this country an apology and an explanation. This act took several years to come to fruition: this delay in implementation does not speak well for the Government’s worker protection credentials.
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