Section 40, The Industrial Relations and Trade Union Act, 2024

(1) The Commissioner shall, where, within 30 workingdays of a dispute referred to him under section 39, conciliation has not been effected, in the case of a trade group, - (a) classified as essential under subsection (2); (b) not classified as essential, with the consent of the trade group, refer the matter to the Industrial Court whose decision shall be binding upon all the parties concerned. (2) Subsection (1) shall not apply to the following public utilities classified as essential trade groups- (a) water services; (b) energy and power services; and (c) health services. (3) A breach of the procedure specified in section 66 and an incitement or inducement by a person to such breach of procedure shall be deemed to be unlawful industrial action and may be prohibited by order of the Industrial Court on application of an employer affected by such action. (4) An employer shall, within a reasonable period, reinstate an employee in the employment which he held immediately prior to an industrial action or Lock-out, if the employee - (a) had participated in industrial action in conformity with this Act; or (b) presents himself for work not more than 3 working days after the end of the industrial action or Lock-out. 32 33 Employers not to negotiate with trade union outside trade group. . Minority Union to make representation to Minister. Unsettled industrial disputes referred to Commissioner. Unsettled industrial disputes referred to Industrial Court. No. 6 The Industrial Relations and Trade Union Act 2024 No. 6 The Industrial Relations and Trade Union Act 2024