5. Prohibition
on employers and their trade unions in respect of certain acts.
(1) No
employer or trade union of employers, and no person acting on behalf
of an employer or such trade union shall—
(a) impose
any condition in a contract of employ- ment seeking to restrain the
right of a person who is a party to the contract to join a trade
union, or to continue his membership in a trade union;
(b} refuse
to employ any person on the ground that he is or is not a member
or an officer of a trade union;
(c) discriminate
against any person in regard to employment, promotion, any condition
of employment or working conditions on the ground that he is or is
not a member or officer of a trade union;
(d) dismiss
or threaten to dismiss a workman, injure or threaten to injure him
in his employ- ment or alter or threaten to alter his position to
his prejudice by reason that the workman—
(i)
is or proposes to become, or seeks to persuade any other person
to become, a member or officer of a trade union; or
(ii)
participates in the promotion, formation or activities of a trade
union; or
(e) induce
a person to refrain from becoming or to cease to be a member or officer
of a trade union by conferring or offering to confer any advant-
age on or by procuring or offering to procure any advantage for any
person.
(2) Subsection
(1) shall not be deemed to preclude an employer from—
(a) refusing
to employ a person for proper cause, or not promoting a workman for
proper cause, or suspending, transferring, laying-off or discharging
a workman for proper cause;
(b) requring
at any time that a person who is or has been appointed or promoted
to a mana- gerial position shall cease to be or not become a member
or officer of a trade union catering for workmen other than those
in a managerial position; or
(c) requiring
that any workman employed in confidential capacity in matters relating
to staff relations shall cease tb be or not become a member or officer
of a trade union.
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