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to govern Labour Court operations gazetted
March 14, 2006
gazetted regulations governing the operations of the Labour Court,
which shall apply to proceedings in the court — including those
pending — on the date of commencement of the rules.
Under the regulations gazetted last week, a party to a dispute who
wishes to apply to the court for an order shall, within 21 days
from the date when the party received a "certificate of no settlement",
file the application with the court.
Where no settlement
is reached and the labour officer fails for any reason to issue
such a certificate, the aggrieved party will, after the expiry of
a maximum of 30 days, take the matter to the Labour Court.
A party to
a dispute making an application who wishes to seek a review of the
proceedings in respect of which he or she makes the application
shall file a notice of review with the court and notify the other
parties cited in the application.
A person wishing
to appeal against any decision of the labour officer in connection
with any arbitral award shall within 21 days from the date the appellant
receives the decision, file a notice of appeal.
appeal or review shall be referred to a President sitting in chambers,
who may if the application, appeal or review is unopposed and if
the parties agree, deal with the matter in chambers.
may direct that the matter be heard in open court or direct the
case to be heard in chambers. After the case has been set down for
a hearing, a President may with the approval of the Senior President,
order that such matter be referred for hearing or decision by two
or more presidents.
During any hearing,
the President may appraise the parties to their rights and correct
procedures where he or she considers it necessary to do so. In doing
so the President shall have due regard to the interest of any party
who is not being advised or represented by a lawyer or representative.
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