The Solomon Islands Ports Authority (SIPA) has labeled the 28-day strike notice issued by the Workers Union of Solomon Islands (WUSI) as illegal and a potential criminal offense.
WUSI, on behalf of SIPA employees, issued the strike notice on January 10, 2025, set to conclude on February 6, 2025. However, in a letter dated January 23, 2025, SIPA’s legal counsel, Gabriel Suri, argued that the notice did not comply with legal requirements.
Suri emphasized that stevedoring and port services are classified as essential services under the Essential Services Act. He pointed out that WUSI failed to submit the required Form A and Form C under the Essential Services Regulations 2009, rendering the strike notice invalid.
“It is a criminal offense not to comply with the provisions of the Essential Services Act and its regulations. Therefore, your notice is not legally valid,” Suri stated.
SIPA further asserted that it has no Recognition Agreement with WUSI. Suri clarified that without such an agreement, SIPA is not legally required to negotiate or enter into a Collective Agreement with the union.
“The issue of recognition is still pending before the Trade Dispute Panel and remains unresolved,” he added.
According to Suri, since a trade dispute is still pending before the panel, WUSI’s strike notice also violates Section 10 (1) and (2) of the Trade Disputes Act, making it a criminal offense.
SIPA also questioned the authenticity of the list of signatures attached to WUSI’s notice. According to Suri, an internal investigation revealed:
- Some signatories were no longer employed by SIPA.
- Some employees signed under the impression that it was for petty cash purposes.
- Names of deceased individuals were included in the list.
“These findings suggest potential criminal offenses under Sections 334 and 335 of the Penal Code for making a false document with intent to defraud,” Suri stated.
SIPA demanded that WUSI provide financial proof of membership, such as official receipts, since there is no check-off system in place. The receipts, according to Suri, must be available for inspection as required under Section 55 of the Trade Union Act.
Despite SIPA’s letter, WUSI chose not to respond within seven days. Instead, the union extended the strike notice to allow further negotiation and arbitration to take place.
