Claris Ogangah
QUESTION: I was unfairly summarily dismissed in July, last year. When my lawyer went to file the case at the Industrial Court, he was told it could not commence because the Labour Minister had not formed a labour committee. Does this mean no cases are going on and how long will it take because this is justice denied?
Your lawyer correctly advised you that all matters to do with the Employment Act must be reported to the labour office or a suit instituted at the Industrial Court.
This provision is found in Section 87 of the Employment Act and it states:-
87(1) Subject to the provisions of this Act whenever
a) an employer or employee neglects or refuses to fulfill a contract of service; or
b) Any question, difference or dispute arises as to the rights or liabilities of either party; or
c) Touching any misconduct, neglect or ill treatment of either party or any injury to the person or property of either party under any contract of service;
The aggrieved party may complain to the labour officer or lodge a complaint or suit in the Industrial Court.
2) No other court other than the Industrial Court shall determine any complaint or suit referred to in subsection 1.
What this means is that employment matters are no longer a subject of any other court, but can only be handled by the Industrial Court. Previously, we had people filing cases in magistrate’s courts or High Court, depending on the monetary value of the case.
short note
The Industrial Court is specifically meant to deal with employment cases, which are not resolved by the labour officers. It was created to ease the backlog of employment cases that have been pending in most magistrate’s courts.
However, it is erroneous to be told that cases cannot commence because the labour committee is yet to be formed.
It is also not true that the Board herein has not been constituted because the said Board was constituted sometime last year and its mandate is clearly spelt out in Section 91 of the Employment Act, and does not include establishing or dealing with disputes.
The mandate given to the Board includes formulating rules that will address issues to do with housing conditions of employees including sanitary, water, feeding, and care of the sick, prescribed books by the employers, hours of work, holidays, travel allowance and appointments of labour offices, employment of minors and provision of certificates of service, amongst other labour matters.
Pursuant to your question, I called the Industrial Court and was advised that they were currently receiving complaints from both employers and employees and the court was in session. I would therefore advise that you proceed to the court and file your complaint. Should they refuse, then it is a matter that should be taken up with the Ministry of Labour.
