Once there is a breakdown in conciliation at the Ministry of Labour, the Ministry will issue what is called a Certificate of Unresolved Dispute. Once the Union has this, it can report the breakdown to the Industrial Court.
The first hearing in Court is what is called a Pre-trial Hearing. This deals with the administration of the case and will set the timetable for the matter to be processed and specific dates will be given for:
- the filing of Evidence and Arguments (frequently with Witness Statements)
- the Exchange of Evidence and Arguments
- the replies (if necessary)
- the Hearing of the matter.
With the agreement of both parties, the Court can undertake further attempts at conciliation.
In coming to a determination of a case, the Industrial Court is required to:
- make such order or award in relation to a dispute before it as it considers fair and just, having regard to the interests of the persons immediately concerned and the community as a whole;
- act in accordance with equity, good conscience and the substantial merits of the case before it, having regard to the principles and practices of good industrial relations.
The Court List is posted up on-line by the Industrial Court and can be found here.
For more information on the Industrial Court, visit their web site. All hearings in the Industrial Court are open to the public. You can check the status of National Workers Union cases by looking at our Diary of Events.
Although either party to a dispute may take an appeal to the Court of Appeal (and subsequently to the Privy Council) essentially this has to be done on a point of law. The full detail of the grounds are set out in Section 18 of the Industrial Relations Act. A list of those matters involving at the Court the involving the National Workers Union can be found here.
This is a list of matters that the National Workers Union currently has at the Industrial Court. Confused about the case referencing? You can find an explanation here.
Arial Gaming Limited (GSD-TD 537/2013)(VS - constructive dismissal)
DLegal Aid and Advisory Authority (GSD-TD 031/2013) (YWR - non payment of outstanding monies due)