Duty of fair representation

(1) Where a trade union has been certified and is recognised as the sole and exclusive bargaining agent for any bargaining unit, it shall be its duty to provide full and proper representation during the bargaining process of all the interests of the employees comprising the bargaining unit in respect of their rights under the collective bargaining agreement under negotiation, notwithstanding that some of the employees may not be fully paid-up members of the trade union. (2) Any member of the bargaining unit aggrieved by the representations made by a trade union under subsection (1) of this section, may apply to the Supreme Court for redress, and the Supreme Court may make such orders and grant such other relief in respect of the application as it may think just and equitable to ensure compliance with that subsection.