How can I register a case before the Employment Tribunal
Before one can register a case before the Tribunal it is necessary that the aggrieved party first goes through the mediation process conducted by the Ministry and it is only when the mediation process has been exhausted/failed that a case can be registered before the Tribunal.
When a mediation fails the Ministry issues a certificate to the aggrieved party and the party has 30 days to produce its certificate of original mediation and pay registration fee of SR200/- to the Tribunal in order for its case to be registered.
Who can stand for me at the Employment Tribunal
- A lawyer
- Representative of a Trade Union
- A representative of your organization
- any other person as the case may be provided it is on a no fee basis
Who will hear my case
The Chairperson of the Tribunal shall be a Magistrate nominated by the Chief Justice. The Minister shall appoint two Vice-Chairpersons who shall be legal practitioners and additionally not more than twelve other members to serve on a part time basis from a panel drawn up after consultations with the representatives of employers’ organizations and trade unions.
In any proceeding of the Tribunal, there shall always be a representative from the employers’ organisation and the trade union sitting as a member provided where parties to a dispute agree the Chairperson or the Vice-Chairperson may sit with only one member.
The role of the Employment Tribunal is to hear and deliver justice in employment and labour related matters.
The Employment Tribunal was established in terms of section 73A, read with Schedule 6, of the Employment Act.
A grievance must first be filed at the Industrial Relations Section with the Ministry for Employment and have it mediated.
If both parties do not come to an agreement, a certificate will be issued by the Employment Officer to certify that mediation has failed.
It is only after receiving this certificate that a case can be filed at the Employment Tribunal. It should be noted that only a case for the grievance which has failed at mediation can be filed.
A registration fee of SR200 will be charged for lodging a case with the Tribunal.
For more information about the Employment Tribunal please visit the Ministry for Employment, Immigration and Civil Status website.
Any person against whom judgment has been given by the Tribunal may appeal to the Supreme Court subject to the same conditions as appeals from a decision of the Magistrate Court.
Upon receiving a copy of the judgment or ruling, the party or parties dissatisfied with the decision may, within 14 days, file a notice of appeal at the Supreme Court.