Can you appeal a Labour Court decision?

In employment rights cases, the Court may take sworn evidence. There is no avenue of appeal from a Recommendation of the Labour Court in industrial relations cases. Employment rights Decisions are appealable on a point of law only to the High Court and the Court’s proceedings may be subject to judicial review.

How long does a case take at Labour Court?

18 to 24 months
And it explains why it takes so long to complete a case in the Labour court – on average 18 to 24 months. A major contributor to the case load overload is the high number of “hopeless” cases that are referred to the court.

What is Labour Court and its functions?

–(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

What is the time limit within which disputes must be referred to arbitration?

(a) the Tribunal shall have the authority to investigate the dispute as it deems necessary; (b) the Tribunal shall issue its award determining the issues in dispute within a period of 60 days from the referral of the dispute, or such later period as the parties have agreed; (5) The Tribunal’s award shall –

Is the Labour court decision final?

The Labour Appeal Court is the final court of appeal in respect of all judgments and orders made by the Labour Court in respect of the matters within its exclusive jurisdiction.

How long do you have to appeal a Labour Court decision?

42 days
You can appeal the adjudicator’s decision to the Labour Court. The time limit for making an appeal is 42 days after the date the adjudicator made decision. This time limit can be extended if the Labour Court is satisfied that there were exceptional circumstances causing the delay.

How do I calculate Labour Court days?

‘day’ means any day other than a Saturday, Sunday or public holiday, and when any particular number of days is prescribed for the doing of any act, the number of days must be calculated by excluding the first day and including the last day; [Definition of ‘day’ amended by GN 1100 of 4 September 1998.]

What is the power of Labour Court?

Labour Court Powers of labour courts are: Discharge or grant of relief to workmen who are wrongfully employed or dismissed. To determine the illegality of a strike or deadlocks. Customary concession or privileges are withdrawn by this court.

What is Labour Court in Labour law?

A labor court (or labour court or industrial tribunal) is a governmental judiciary body which rules on labor or employment-related matters and disputes. In a number of countries, labor cases are often taken to separate national labor high courts.

What happens if I don’t respond to arbitration?

The Basic Rules for Defaults in Arbitration: In the event that a party fails to appear at the arbitration, the arbitration must still proceed. The party who is present must present evidence in support of their entire claim, proving to the arbitrator’s satisfaction both liability and damages.

What are the stages of arbitration?

There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.

Who can appear in Labour Court?

161. Representation before Labour Court

a legal practitioner;
a director or employee of the party;
any office-bearer or official of that party’s registered trade union or registered employers’ organisation;
a designated agent or official of a council; or.
an official of the Department of Labour.

What are the rules of court in Namibia?

2 Government Gazette 17 January 2014 5392 SCHEDULE ARRANGEMENT OF RULES Rule PART 1 INTRODUCTORY PROVISIONS 1. Definitions and overriding objective 2. Registrar’s office hours 3. Rules of court and practice directions 4. Forms PART 2 COURT PROCESS BEFORE JUDICIAL CASE MANAGEMENT 5. Declaration by cedent in any cause or matter 6.

When was the Labour Act passed in Namibia?

Labour Act Labour Act 1992. Dated 13 March 1992. ( Government Gazette of the Republic of Namibia, 8 Apri l 1992, No. 388, pp. 1151.) Appointment of Labour Commissioner and labour inspectors 3 [Preservation of secrecy, limitation of liability [56]

What does the word ACT mean in Namibia?

In these regulations, any word or expression to which a meaning has been given in the Act bears that meaning, and unless the context otherwise indicates, “the Act” means the Labour Act, 2007 (Act No. 11 of 2007). Portion of basic wage that may be paid in-kind and calculation of the value of in-kind payments 2.

How to register a trade union in Namibia?

(1) An application to the Labour Commissioner for registration of a trade union or employers’ organisation in terms of section 57(1)(a) of the Act must be made on Form LC 6 set out in Annexure 2, and must be accompanied by three certified copies of the constitution of the trade union or employers’ organisation.