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Our employer refuses to negotiate pay, hours and holidays, despite having an enforceable contract imposed by the Central Arbitration Committee (CAC). What can we do?
If the imposed procedure is not observed, an application can be made to the courts for an order of specific performance, which directs the parties to use the procedure.
Refusal to observe this order would be contempt of court and could result in a fine. However, although a recalcitrant employer can be forced by a court order to participate in the formal bargaining process, they cannot be forced to negotiate meaningfully if they are determined not to engage with you.