Procedures for Initiating a Matter

  1. A matter is referred to the court by
    1. the Union
    2. the Employer
    3. the Minister responsible for Labour
  2. Matters are assigned to either the General Services Division (GSD) or the Essential Services Division (ESD) and are categorized by the Court as follows –

    (GSD or ESD) TD-Trade Dispute
    (GSD or ESD) IRO-Industrial Relations Offence
    (GSD or ESD) ICA- Interpretation of a Collective Agreement
    (GSD) RSBD-Retrenchment and Severance Benefits Dispute
    (GSD or ESD) A- Application
    (GSD) MWD-Minimum Wages Dispute
    (GSD) MPD- Maternity Protection Dispute
    (ESD) ST-Special Tribunal

  3. In respect of a Trade Dispute a certificate of unresolved dispute should be submitted by the Ministry of Labour to the Court to initiate proceedings.
  4. The first stage of the proceedings is “directions”.
  5. The parties are notified to appear in Court for the purpose of expressing their views as to the periods which are reasonably necessary for the fair and adequate presentation of their case and for the parties to receive such directions as the Court might give for the hearing and determination of the matter.
  6. At directions specific dates are given for –
    • the filing of Evidence and Arguments
    • the Exchange of Evidence and Arguments
    • the replies (if necessary)
    • the Hearing of the matter.
  7. The Court may, with the consent of the parties, decide at directions to refer the matter for conciliation before a Member of the Court. In such a case the parties are notified at a later stage of the date for conciliation. ”