Remedies

(1) If the worker’s complaint of unfair dismissal or wrongful termination is proved, the Tribunal shall award the worker one or more of the following remedies– (a) an order for reinstatement whereby the worker is to be treated in all respects as if that worker had never been dismissed or terminated; (b) an order for re-engagement whereby the worker is to be engaged in work comparable to that in which that worker was engaged prior to or termination, or reasonable suitable work, from such date and on such terms of employment as may be specified in the order or agreed by the parties; (c) an award of compensation as specified in sub- section (4); or (d) such other remedies as the Tribunal may order. (2) In deciding which remedy to award, the Tribunal shall first consider the possibility of making an award of reinstatement or reengagement, taking into account in particular the wishes of the worker and employer and the circumstances in which the dismissal took place, including the extent, if any, to which the worker caused or contributed to the dismissal. (3) Where the Tribunal finds that the worker engaged in misconduct notwithstanding the unlawful nature of the dismissal or termination, it may include disciplinary penalty as a term of the order for reinstatement or re-engagement. (4) An award of compensation shall be such amount as the Tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the worker in consequence of the dismissal in so far as that loss is attributable to action taken by the employer, and the extent, if any, to which the worker caused or contributed to the dismissal. 122 SCHEDULE Constitution and Composition of Labour Complaint Tribunal [Section 200] Composition 1.-(1) The Tribunal shall consist of the following five persons– (a) an Attorney-at-law nominated by the Chief Justice; (b) one representative of the workers nominated by the National Trade Union Congress of Belize; (c) one representative of the employers nominated by the Belize Chamber of Commerce and Industry; (d) one representative nominated by the Minister; (e) the Commissioner of Labour, ex officio without the right to vote. (2) The members shall be appointed by the Minister by instrument in writing for such period not exceeding [three] years as the Minister may specify in the instrument of appointment and each member shall be eligible for reappointment. Chairperson 2. The Minister shall appoint one of the members of the Tribunal to be Chairperson of the Tribunal. Labour 123 Acting Appointments 3. If the Chairperson or any other member of the Tribunal is absent or unable to act, the Minister may appoint any person to act in the place of the Chairperson or other member and in the case of paragraph 1 (1)(a), (b) and (c), on the recommendation of the nominating entities. Resignations 4.-(1) A member other than the Chairperson may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the Chairperson, and upon fourteen days from the date of the confirmation of receipt by the Minister of that instrument, that member shall cease to be a member of the Tribunal. (2) The Chairperson may at any time resign his office by instrument in writing addressed to the Minister, and such resignation shall take effect as thirty days from the date on which the Minister confirms receipt of that instrument. Revocation 5. The Minister may revoke the appointment of any member if such member, (a) becomes permanently unable to perform his functions by reason of a physical or mental infirmity; (b) is convicted and sentenced to a term of imprisonment; (c) fails without reasonable excuse to carry out any of his functions under this Act; 124 Labour (d) engages in such activities as are reasonably considered prejudicial to the Tribunal’s interest. Gazetting of Appointments 6. The names of all members of the Tribunal as first constituted and every change of membership shall be published in the Gazette. Leave of absence 7. The Minister may, on the application of a member, grant leave of absence to the member Procedure and Meetings 8.-(1) The Tribunal shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times and on such days as the Tribunal may determine. (2) The Chairperson may at any time call a special meeting of the Tribunal, and shall call a special meeting to be held within seven days of a written request for that purpose addressed to him by any two members. (3) The Chairperson shall preside at all meetings of the Tribunal and if the Chairperson is absent from a meeting, the members present and constituting a quorum shall elect one of their number to preside at that meeting. (4) The quorum of the Tribunal shall be three. (5) The Tribunal’s decisions shall be by a majority of votes, and in addition to an original vote, the Chairperson or other person presiding at a meeting shall have a casting vote in any case in which the voting is equal. Labour 125 (6) Minutes of each meeting shall be kept in proper form and shall be confirmed as soon as practicable thereafter at a subsequent meeting. (7) Subject to the provisions of this Schedule the Tribunal may regulate its own proceedings. Disclosure of Interest 9. A member who is directly or indirectly interested in any matter which is being dealt with by the Tribunal shall disclose the nature of his interest at a meeting of the Tribunal and shall not take part in any deliberation or decision of the Tribunal with respect to that matter. Protection of Tribunal 10. No act done or proceeding taken under this Act shall be questioned on the ground of– (a) the existence of any vacancy in the membership of, or any defect in the constitution of the Tribunal; or (b) any omission, defect or irregularity not affecting the merits of the case. Protection of Members 11.-(1) No action, suit or other proceedings shall be brought or instituted personally against any member in respect of any act done bona fide the course of carrying out the provisions of this Act. (2) Where any member is exempt from liability by reason only of the provisions of this paragraph, the Tribunal is liable to the extent that it would if that member were a servant or agent of the Tribunal. 126 Labour Remuneration of Members 12. The Chairperson and other members of the Tribunal shall be paid a fixed remuneration, whether by way of honorarium, salary or fees, and such allowances as the Minister may determine. _____________________