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Compensation Strikers (Amendment) Act 1999

REPUBLIC OF VANUATU

COMPENSATION STRIKERS (AMENDMENT) ACT NO. 3 1999

Arrangement of Sections

1. Amendment of long title of the Act
   
2. Amendment of section 1
   
3. Amendment of section 4
   
4. Insertion of new sections
   
5. Repeal and substitution of section 11
   
6. Commencement.
   

REPUBLIC OF VANUATU

Commencement 22/05/00

COMPENSATION STRIKERS (AMENDMENT) ACT NO. 3 1999

An Act to amend the Compensation Strikers Act No. 17 of 1996 (the “Principal Act”).

BE IT ENACTED by the President and Parliament as follows:

AMENDMENT OF LONG TITLE OF THE ACT

1. The long title of the Principal Act is amended by deleting “ not exceeding 158, 700, 000 Vatu”.
   

AMENDMENT OF SECTION 1

2. Section 1 of the Principal Act is amended by inserting “, or such higher amount as the Council of Ministers approves,” after “Vatu”.
   

AMENDMENT OF SECTION 4

3. Section 4 of the Principal Act is amended by:

(a) deleting “Any” from subsection (1) and substituting “Subject to section 4A, any”;

(b) by inserting after “permanent” in paragraph (4)(a) “, casual or part-time”.

INSERTION OF NEW SECTIONS

4. The following sections are inserted after section 4 of the Principal Act:

“CERTAIN PUBLIC SERVANTS NOT ENTITLED TO COMPENSATION

4A. (1) This section applies to a person who:

(a) was dismissed by the Public Service Commission from the Public Service on 14 March 1994 for taking part in the Public Servants Association Strike of 1993; and

(b) has been reappointed to the Public Service since that dismissal on new terms and conditions; and

(c) has continued to be employed as a member of the Public Service since that reappointment up to and including the date on which this section commences.

(2) A person to whom this section applies:

• (a) is not entitled to be paid compensation under this Act from the Compensation Fund in respect of his or her dismissal from the Public Service on 14 March 1994 (whether or not the person applied for compensation before this section commences); and
  
• (b) is deemed to have been on leave without pay from the Public Service:
  
  • (i) for the period that he or she was on strike during the Public Servants Association Strike of 1993; and
    

(ii) for the period between his or her dismissal and reappointment; and

(c) is subject to the following provisions:

• (i) the period during which the person is deemed to be on leave without pay under paragraph (b) is taken for all purposes to be continuous with his or her period of service on and after his or her reappointment;
  
• (ii) the person’s reappointment to the Public Service is taken for all purposes to have been a reinstatement to the Public Service on the same terms and conditions provided for by his or her reappointment.
  

“CUT OFF DATE FOR APPLICATIONS

4B. The Council of Ministers may specify a date by which all applications under this Act must be made. Any application made after the date specified by the Council of Ministers is null and void.”

REPEAL AND SUBSTITUTION OF SECTION 11

5. Section 11 of the Principal Act is repealed and the following section is substituted:
   

“SECTION 54 OF PUBLIC FINANCE AND ECONOMIC MANAGEMENT ACT APPLIES

11. Section 54 of the Public Finance and Economic Management Act No. 6 of 1998 applies to any moneys borrowed under this Act on or after the commencement of this section.”.
    

COMMENCEMENT

6. This Act commences on the day on which it is published in the Gazette.