Reply: I am informed by the Registrar of Associations that the Union of Private Secondary Education Teachers was registered in June 1976 as a trade union under the repealed Industrial Relations Act 1973 and it changed its name into Union of Private Secondary Education Employees (UPSEE) in April 1979. Section 2 of the Employment Relations Act 2008 defines a trade union as follows – “trade union” – (a) means a registered association of persons, having as one of its objects the regulation of employment relations between workers and employers, and (b) includes a federation or a confederation, except in relation to certain provisions of the Act. I am informed that, on 21 August 2024, the Registrar of Associations received an application dated 20 August 2024 from the Secondary and Preparatory School Teachers and Other Staff Union for the cancellation of the registration of Union of Private Secondary Education Employees, under section 7(2) of the Employment Relations Act 2008, on grounds that the registration of UPSEE was obtained by fraud or misinterpretation, in as much as, inter-alia, UPSEE’s registration under the repealed Industrial Relations Act (ITA) 1973 does not align with the definition of a trade union that is “an association of persons, whether registered or not, having as one of its objects that the regulation of industrial relations between employers and include a federation”.

139 I am further informed that the Registrar of Associations subsequently issued a notice dated 30 August 2024 under section 7(2) of the Employment Relations Act 2008 to the Union of Private Secondary Education Employees (UPSEE) to – (i) notify it of the application received for the cancellation of its registration from the Secondary and Preparatory School Teachers and Other Staff Union and the ground for cancellation, and (ii) show cause by 20 September 2024 why its registration should not be cancelled. On 16 September 2024, the UPSEE, through its attorney-at-law, wrote to the Registrar of Associations, and denied the allegations made by the Secondary and Preparatory School Teachers and Other Staff Union, and objected to the cancellation of its registration as a trade union. As required under section 7(3) of the Employment Relations Act 2008, the Registrar applied to the Employment Relations Tribunal (ERT) for the cancellation of the registration of the Union of Private Secondary Education Employees. However, the Registrar of Associations has informed the ERT that the objects of UPSEE are aligned with the definition of a trade union as provided for in section 2 of the Employment Relations Act 2008. In its Order of 10 February 2025, the ERT, having considered the evidence on record as well as the submission of Counsel, held that it cannot be satisfied that the UPSEE’s registration must be cancelled pursuant to the present application made under section 7(3) of the Act and set aside the application from the Registrar of Associations. CÔTE D’OR NATIONAL SPORTS COMPLEX – ACCESS TO INFRASTRUCTURE – CONDITIONS