Industrial Relations Process If Goes to Court.
Posted April 10, 2008on:
So you have an employee is seeking damages for unlawful dismissal which your company is not willing to pay. Reconciliation effort has not been successful. The employee bring this matter to the Industrial Court. You never face such a a case before but not to worry. I have summarize some of the process of IR if the case does go to court.
1) Employee write in to the Director General Industrial Relations Department to make a representation within 60 days of dismissal.
2) The Director General Industrial Relations will try to resolve the case through conciliation by inviting both the employer and employee for a meeting.
3) The conciliation officer will explain the principles and practices law that are applicable including judgment of the courts, both the Industrial Court and civil courts, so that both parties are aware of their rights and liabilities.
4) If there is a failure to resolve the case through conciliation, the Director General Industrial Relations will then refer the case to the Minister of Human Resources, who will refer the matter to the Industrial Court for adjudication and for an award if he thinks fit.
Unlawful dismissal case cannot be brought directly to the Industrial Court. This type of case must be referred to the Industrial Court by the Minister of Human Resources.
5) The Industrial Court upon the matter being referred to by the Minister of Human Resources, then goes to consider whether the termination of employment is unlawful or whether it is justified.
6) Where the Industrial Court rules that the termination is unlawful, the Court then makes an “Award” to reinstate you to your former position or in lieu awards proper compensation.
The normal remedies in a cases of dismissal is the reinstatement into your former employment and award of back waged from dismissal date to the final date of hearing