Chapter 1 – Report of the Policy, Law and Complaints Group threatening to terminate the services of workers who are active members of workers’ unions and involved in union activities. (ii) The employers do not give due recognition to trade unions although under Section 4 of Act 177, workers have the right to form a trade union to protect their rights and to represent workers in negotiations or during disputes with employers. (iii) There is constant delay in the handling of complaints by the DIR. There are cases that have taken almost a year without reaching a resolution. (iv) Court processes could be used as a way to deplete unions’ funds. It was alleged that employers prefer to bring disputes to court as it would indirectly pressure unions from pursuing the case further due to financial constraints. In the responses to the issues raised, the Commission was informed of the following: (i) The DIR has, as much as possible, fulfilled its mandate in accordance with the power provided to the department under Act 177. However, the delay in the handling of complaints could possibly be due to the lack of cooperation, or requests for deferment, from the parties involved. (ii) At present there is no provision under Act 177 that stipulates a time frame for the settlement of complaints and that empowers the DIR to stop employers from taking disciplinary action against employees over matters that are in the process of inquiry by the DIR. (iii) The DIR agreed for a study on best practices of other countries in handling complaints of union busting to be conducted with the purpose of reviewing and improving the current Act 177. (iv) The DIR admitted that it is difficult to take action against employers under Section 59 of Act 17739 due to the high burden of proof required under the Act. 39 Section 59 Industrial Relations Act 1967: (1) Subject to subsection 5(2), it shall be an offence to dismiss a workman or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice, by reason of the circumstances that the workman— (a) is, or proposes to become, an officer or member of a trade union or of an association that has applied to be registered as a trade union; (b) is entitled to the benefit of a collective agreement or an award; (c) has appeared or proposes to appear as a witness, or has given or proposes to give any evidence in any proceeding under this Act; (d) being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions; (e) is a member of a trade union which has served an invitation under section 13 or which is a party to negotiations under this Act or to a trade dispute which has been reported to the Director General in accordance with Part V or Part VII; 83 BOOK-ANR2016-01-latest.indb 83 08/04/2016 3:32 PM