Employment and Industrial Relations Act (Cap. 452), article 69

69. (1) Where a trade dispute exists or is apprehended, the parties to the dispute may agr ee to refer the dispute to - (a) the Director, or (b) a conciliator who may be chosen - (i) either by the same parties to the dispute in agreement between them; (ii) or, if there is no such agreement, by the Director from amongst the Conciliation panel established by virtue of article 68: Provided that nothing shall preclude the Director or his delegate from inviting the parties to the dispute to attend conciliation meetings. (2) The functions of the conciliator appointed in accordance with sub-article (1) shall be - (a) to communicate with the parties to the trade dispute immediately on the referral; (b) to organise and preside conciliation meetings between the parties as may be necessary in order to resolve the trade dispute; (c) to consider the causes and circumstances of the trade dispute; (d) to endeavour to bring about an amicable settlement of the dispute as expeditiously as possible; and (e) to make such recommendations as the conciliator may deem fit in order to reso lve the trade dispute. (3) Where a trade dispute exis ts or is apprehended and the parties fail to nominate or to agree on the appointment of a conciliator in accordance with sub-article (1), or where an appointed Conciliator reports a deadlock, the Di rector shall re fer 50 CAP. 452.] EMPLOYMENT AND INDUSTRIAL RELATIONS the matter to the Minister and c opy such referral to the partie s to the dispute. (4) Where a trade dispute is referred to the Minister in accordance with the last preceding sub-article, the Minister ma y, if he thinks fit: (a) appoint a court of inquiry to inquire into and establish the causes and circums tances of the dispute; (b) on an application by both parties to the dispute, refer such trade dispute to the Industrial Tribunal. Cap. 12. (5) A court of inquiry shall have the same powers as are by the Code of Organization and Civil Procedure conferred on a superior court, except that it shall not h ave the power to order the det ention of any person, and without prejudice to the generality of the aforesaid, a court of inquiry may summon witnesses and administ er the oath, appoint assessors, and require any person who appears to it to have special knowledge of the matter of the inquiry to fu rnish, in writing or otherwise, and to confirm on oath, such opinion a nd such particular relating to tha t matter as the court may requir e. Where the court consists of more than one person, the oath shal l be administered by the Chairperson. V oluntary settlements.