An Act of Parliament to amend the Labour Relations Act to provide for the term of office for trade union officials.
| CLAUSE NO. | CONTENTS OF THE CLAUSE | OUR COMMENTS |
|---|---|---|
| Clause 2 Insertion of new section 34A Term of office of officials | The Labour Relations Act is amended by inserting the following new section 34A immediately after section 34: 34A. An official of a trade union, employers’ organisation or federation shall hold office for a term beginning on the date on which the official was elected, and ending when a person is next elected as an official in accordance with section 34. A person shall not hold office as an official of a trade union, employers’ organisation or federation for more than two terms. | The addition of term limits is a good proposal that has the following benefits: a. term limits promote the circulation of leadership within an organization, allowing for fresh perspectives and new ideas. This prevents stagnation and complacency that may arise from long-term incumbency; b. knowing that their time in office is limited, officials may be more inclined to focus on achieving tangible results and fulfilling their promises within the limited timeframe. This can enhance accountability to members and stakeholders; c. knowing that there's a limited time in office, organizations are prompted to invest in succession planning, grooming new leaders and ensuring a smooth transition of power. This helps maintain organizational stability and continuity; and d. long-term incumbency can sometimes breed complacency or even corruption as officials become less accountable to their members. Term limits help mitigate this risk by ensuring regular turnover and reducing the opportunities for corruption to take root. e. it aligns with international best practices for governance in labour relations organizations. Recommendation: Define penalties or consequences for non-compliance with the term limits to deter violations. |
Clause 3 Transitional provisions | Existing officials of a trade union, employers organisation or federation shall be deemed to be duly elected under this Act for the remainder of their term. | Transitional provisions facilitate the smooth implementation of legislative changes by providing a framework for transitioning from the old legal regime to the new one, ensuring a seamless transition for affected individuals. The transitional provision is also important as it specifies how the term limits will apply to current officials to avoid disputes or legal challenges during implementation. |