Labour Department Warns KHMHA Union Proposed Industrial Action is Unlawful Without Proper Procedure

The Ministry of Labour has formally responded to the Karl Heusner Memorial Hospital Authority Workers Union (KHMHAWU), cautioning that any planned industrial action related to ongoing pension negotiations could be considered unlawful if legal protocols are not followed.

In a letter dated May 28, 2025, Labour Commissioner Rissela Dominguez-Patt acknowledged receipt of the union’s notice to the KHMHA CEO regarding their intent to carry out protest actions. However, the department reminded the union of strict legal limitations surrounding strikes and work disruptions within essential services such as healthcare.

“The right to engage in lawful industrial action… is subject to limitations under other legislation, particularly where essential services are concerned,” the letter states.

Citing Section 15 of the Settlement of Disputes in Essential Services Act, the Commissioner said that no worker may take part in a strike—including go-slows, work-to-rule, or coordinated demonstrations, until the dispute is officially reported to the Minister of Labour and a 21-day period has passed without intervention.

“While the proposed activities may be framed as progressive protest measures, they fall within the scope of industrial action and are deemed unlawful if initiated prior to satisfying the legal requirements,” Dominguez-Patt warned.

The Labour Department has urged the union to suspend all planned actions and to report the dispute formally, as required by law. The department is also recommending mediation with all relevant stakeholders to help reach an amicable resolution.