The Constitution Petition Number 33 of 2016
Labour Dispute Claims (LDC)
Labour claim, a claim for a remedy owed by an employer to an employee, in form of unpaid wages/ salary arrears, terminal benefits, unpaid leave days. Usually as a result of unlawful/wrongful/ unfair dismissal.
Labour claims are usually cases that were filed before the high court and later transferred to the industrial court.
Labour Dispute References (LDR)
References, Labour dispute files referred to the industrial court from the labour officers. The industrial court is not a court of first instance, therefore cases are first heard by the Labour officer by way of mediation, conciliation
The industrial court has a referral Jurisdiction by virtue of the S.8 of the Labour Dispute (Arbitration &Settlement) Act 2006 which expressly provides that
1) The Industrial Court shall arbitrate on labour disputes referred to it under this Act; and adjudicate upon questions of law and fact arising from references to the Industrial Court by any other law.
(2) The Industrial Court shall dispose of the labour disputes referred to it without undue delay.
S. 5 of the above law provides for when a labour officer shall refer a dispute to the industrial court thus 5. When Labour Officer may refer dispute to Industrial Court thus, If, four weeks after receipt of a labour dispute—
(a) the dispute has not been resolved in the manner set out
(b) a conciliator appointed under section 4(b) considers that there is no likelihood of reaching any agreement, the Labour Officer shall, at the request of any party to the dispute, and subject to section 6, refer the dispute to the Industrial Court.
(3) Notwithstanding subsection (1), the period of conciliation may be extended by a period of two weeks, with the consent of the parties.
(4) Where a labour dispute reported to a Labour Officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court.
Mediation refers to a form of alternative dispute resolution (ADR ) in which the parties to a law suit meet with a neutral third party in an effort to settle the case. The third neutral party is referred to as a mediator.
Before doing so however the LRA must consider the likelihood of the dispute being settled by conciliation and whether or not agreed procedures for settlement of disputes between the parties have been used.
S. 64(2)of the Employment Act 2006 is to the effect that where a complaint is made to a labour officer he/she shall seek to settle the matter in the first instance by mediation
The labour Disputes and Arbitration & Settlement Act expounds on the above section and in s.24(1) where it provides that a labour officer shall in exercising his or her powers, endeavour to secure the settlement of trade disputes, actual or imminent by the use of voluntary procedures, conciliation and mediation.
Further under subsection (2) it states that a labour officer may act as a conciliator or mediator in a labour dispute or may nominate any other person to act in that capacity.
Labour Appeals (APPEAL)
An appeal lies to the Industrial Court against award made by labour officers.
In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision.
Appeals function both as a process for error correction as well as a process of clarifying an interpreting law.
Misc. Applications (MISC.APPLN)
Miscellaneous application is application moved in any on-going litigation, which do not decides the finality of the disputes but are (miscellaneous application) required to decide in the interest of justice.
These can also be any applications seeking interlocutory remedies from the Court. e.g
– Leave to extend time within which to file reply to pleadings.
– Execution proceedings