Section 39: Revocation or variation of recognition of trade union of workers

39. Revocation or variation of recognition of trade union of workers (1) Subject to section 38 (10), the Tribunal may— (a) on an application made by a trade union or a group of trade unions, make an order to revoke or vary the recognition of another trade union where it is satisfied that there has been a change in representativeness; or (b) on an application by an employer, make an order to revoke the recognition of a trade union or a joint negotiating panel for any default or failure to comply with any provisions of a procedure agreement. (2) Where an application is made under subsection (1), the recognition of the trade union or joint negotiating panel shall remain in force until the Tribunal makes an order. (3) (a) An application to revoke or vary shall be determined by the Tribunal within 30 days of the receipt of the application. (b) The Tribunal may, in exceptional circumstances, extend the delay specified in this subsection for another period of 30 days. [S. 39 amended by s. 15 of Act 5 of 2013 w.e.f. 11 June 2013.]