← belizelaw.ai · Trade Unions And Employers’, Cap. 304 · PART II — Freedom of Association

Remedies for contraventions of this Part

Cap. 304, s. 11 · Revised Edition 2020

(1) Any person who considers that any right conferred upon him under this Part has been infringed may apply to the Supreme Court for redress. (2) Where a complaint made under subsection (1) of this section, alleges that an employer or an employers’ organisation, association or federation has contravened any of the provisions section 5(2) of this Act, the employer, Trade Unions and Employers; Organisations (Registration, 14 Recognition and Status) employers’ organisation, association or federation shall have the burden of proving that the act complained of does not amount to a contravention of any of the provisions of section 5(2) of the Act which is the basis of the complaint. (3) Where the Supreme Court finds that an employee was dismissed in contravention of section 5(2) of this Act, it may make an order directing the reinstatement of the employee, unless the reinstatement of the employee seems to that Court not to be reasonably practicable, and may further make such other orders as it may deem just and equitable, taking into account the circumstances of the case. (4) Without prejudice to the Court’s powers under subsection (3) of this section, where the Supreme Court finds that a complaint made under subsection (1) of the section has been proved to its satisfaction, it may make such orders in relation thereto as it may deem just and equitable, including without limitation orders for the reinstatement of the employee, the restoration of benefits and other advantages, and the payment of compensation.
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