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Compensation Strikers Act 1996

Commencement: 02 June 1997

REPUBLIC OF VANUATU

COMPENSATION STRIKERS ACT
NO. 17 OF 1996

Arrangement of Sections

1. Minister’s authority to borrow
2. Compensation Fund
3. Purpose of the Borrowing
4. Claim for Compensation
5. Application
6. Establishment of Board
7. Powers and Duties of the Compensation Board
8. Approval of Council of Ministers
9. Payment of Compensation
10. Loan Service Charges
11. Chapter 149 not to apply
12. Regulations
13. Commencement
    

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REPUBLIC OF VANUATU

COMPENSATION STRIKERS ACT
NO. 17 OF 1996

Assent: 30/12/96
Commencement: 02/06/97

An Act to authorize the borrowing of a sum of money not exceeding 158,700,000 vatu for the purpose of enabling the Government to pay compensation to persons who were dismissed from the Public Service following the Public Servants Association Strike of 1993.

BE IT ENACTED by the President and Parliament as follows: -

MINISTER’S AUTHORITY TO BORROW

1. The Minister of Finance is hereby authorised to borrow from any bank or financial institution within or outside Vanuatu a sum of money not exceeding 158,000,000 vatu on such terms and conditions as shall be agreed in writing between the Minister and any such bank or financial institution subject to the prior approval of the Council of Ministers.
   

COMPENSATION FUND

2. The Minister of Finance shall establish a fund to be called the Compensation Fund for the purposes of this Act.
   

PURPOSE OF THE BORROWING

3. All moneys borrowed under Section 1 shall be paid into the Compensation Fund and sums paid thereout shall be exclusively for the purpose of making compensation payments in circumstances referred to in section 4 in accordance with the provisions of this Act.
   

CLAIMS FOR COMPENSATION

4. (1) Any person or the legal personal representatives of any person who was dismissed by the Public Service Commission from the Public Service on 14^th March 1994 for taking part in the Public Servants Association Strike of 1993, may, subject to the provisions of this Act apply to be paid compensation from the Compensation Fund in respect of such dismissal from the Public Service.
   
   • (2) In determining any claims made under this Act the Compensation Board must take into account matters referred to in Section 5.
     
   • (3) The claims shall be for the period commencing on the 30^th day of March 1980 or on the first day of employment and ending on the 14^th day of March 1994.
     
   • (4) For the avoidance of doubt -
     

(a) subsection (1) applies to persons who prior

(b) "Public Servants Association strike of

APPLICATION

5. (1) Every application under section 4(1) for compensation shall contain the following particulars -
   
   • (a) full name and address of the applicant;
     
   • (b) the post he or she held as at 14^th March 1994;
     
   • (c) the Public Service salary scale he or she was at 14^th March 1994 and the salary he or she was receiving at that date;
     
   • (d) allowances payable to him or her at that salary scale;
     
   • (e) any leave earned but not taken which has not been paid;
     
   • (f) any documentation verifying any matters referred to in paragraphs (b) to (e);
     
   • (g) a brief statement of his or her involvement in the strike.
     

(2) The head of the Department under which a person referred to in section 4(1) worked prior to 7^th January 1994 (the date on which the Public Service Commission suspended all members of the Vanuatu Public Servants Association who went on strike) shall within 30 days of the commencement of this Act make a brief statement to the Compensation Board confirming the following -

• (a) names of officers within the Department who went on strike in 1993;
  
• (b) whether such officers at the time were temporary or permanent officers;
  
• (c) salary scales such officers were at and if possible actual basic salary paid to such officers.
  

(3) Payment of claim shall be based on one month salary per year of service and pro rata for each uncompleted year for the period commencing from date of first employment but provided that no claim shall be back dated to any date other than 30^th July 1980.

ESTABLISHMENT OF BOARD

6. There is hereby established a board to be called the Compensation Board comprising -
   
   • (a) the Director of the Public Service Department;
     
   • (b) the Commissioner of Labour; and
     
   • (c) 2 members appointed by the Prime Minister.
     

POWERS AND DUTIES OF THE COMPENSATION BOARD

7. (1) The Compensation Board shall have jurisdiction to consider and subject to the approval of the Council of Ministers in accordance with section 8 determine all claims for compensation under section 4 of this Act.
   
   • (2) The Compensation Board may make compensation awards which expend the whole of the Compensation Fund in compensation payments but shall not be obliged to do so. Total compensation awards made by the Compensation Board must not exceed the amount of the Compensation Fund.
     
   • (3) The Compensation Board shall not make any compensation awards in respect of any claim which does not fall within the provisions of section 4 of this Act.
     
   • (4) The Compensation Board shall not be bound by the rules of evidence of a court of law but shall assess all claims carefully, considering such evidence as is available and shall make no compensation award to any claimant who makes any false statement in respect of any claim.
     
   • (5) Save for the details listed in subsection (8), the Compensation Board shall not be required to give any reasons for any compensation award or any refusal to pay any compensation award.
     
   • (6) The Compensation Board may require any claimant to provide further evidence or information in support of his claim or to appear before the Compensation Board to answer questions on any matter relating to the claim. No payment of compensation shall be made to any person who fails or refuses to respond to such a request.
     
   • (7) The Compensation Board must complete its work no later than six months from the commencement of this Act.
     
   • (8) The Compensation Board shall submit its report to the Minister of Finance within 7 days of the completion of its work stating the names and addresses of those persons to whom compensation is to be paid and the amount of compensation to be paid to them.
     
   • (9) The Compensation Board shall deduct from any compensation award made to any person under section 4 -
     
     • (a) such sums as it considers fit regarding any damages to Government property by such person;
       
     • (b) such sums equivalent to any arrears of rent owed to the Government by such person.
       

APPROVAL OF COUNCIL OF MINISTERS

8. (1) The Minister of Finance shall present the report of the Compensation Board to the Council of Ministers within fourteen (14) days of receiving the report.
   
   • (2) The Council of Ministers may approve, reject or amend the report or alter the amount of any payment recommended by it.
     

PAYMENTS OF COMPENSATION

9. (1) The Minister of Finance shall cause the payments of compensation to be made in accordance with the decision of the Council of Ministers within 30 days of the date of the decision of the Council of Ministers.
   

(2) Any balance of the Compensation Fund which has not been expended together with all interest earned thereon will thereafter be transferred to the Revenue Fund.

LOAN SERVICE CHARGES

10. The principal repayments, interest, establishment fees in respect of a loan borrowed under section 1 shall be a prior charge on the Revenue Fund and budgetary provision shall be made as necessary from time to time in respect of those loan service charges.
    

CHAPTER 149 NOT TO APPLY

11. The provisions of the Government Borrowing and Guarantee Act [CAP. 149] shall not apply to any money borrowed or applied in pursuance of the provisions of this Act.
    

REGULATIONS

12. (1) The Prime Minister may make regulations for the purpose of carrying out or giving effect to the provisions of this Act.
    
    • (2) In particular and without prejudice tot he generality of subsection (1), the Prime Minister may make regulations for or in respect of all or any of the following matters -
      
      • (a) all matters stated or required by this Act to be prescribed;
        
      • (b) the form of any notice, certificate or declaration issued or made under this Act;
        
      • (c) procedures regarding proceedings and sittings of the Compensation Board;
        
      • (d) fees to be paid to the members of the Compensation Board.
        

COMMENCEMENT

13. This Act shall come into force on the date of its publication in the Gazette.

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