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Chapter 10: The Industrial court - Coggle Diagram
Chapter 10: The Industrial court
Practice and Procedure at the Industrial Court
Proceeding in the IC are governed by the Industrial Court Rules and IRA 1967: It should be noted that although rules of evidence and procedure are not strictly applied in IC, they are still relied on as a guide of presentation of evidence, statements in reply and bundle of documents
Notice of proceedings
Upon receiving application, reference or complaint, the registrar will notify the parties of the place, date and time for mention of the case before the President
Cases may be mentioned by the parties themselves, their representatives or solicitors.
Preliminary objections
It is common to find one of the parties bringing up a preliminary objections, which need to be decided by the IC before it can proceed
The IC will hear and decide on the dispute and in the process deal with the preliminary objection
Procedures
Where the IRA and the IC rules are silent as to the procedure to be followed, the President/Chairman may regulate the procedure and proceedings of the Court as he thinks fit
Pleadings
In the IC, the complaint of the employee or union called the Statement of Case, to which the employer files the Statement in reply
Pleadings dominate the proceedings to the extent that pleadings in the IC are no different from the Civil Court
The hearing
The IC cases are heard by the President or Chairman sitting with 2 panel members selected by the President, each from employer and workmen.
At the hearing, the panel members do not represent one side or the other; they must adopt an impartial and judicial attitude to the proceedings
The decision of the court is taken by the President/Chairman and the 2 members together, all 3 having equal say
A private hearing may be appropriate in the following circumstances
If the evidence to be given would be against the interests of the national security
If the information the witness is going to disclose is subject to Official Secret Act 1972 or banking and Financial Inst Act 1989
If the witness is going to disclose information which has been communicated to him in confidence
If the witness is going to disclose information, the disclosure of which would cause substantial injury to the interests of any undertaking which he works for.
Evidence
President shall call upon such party as he think fit to state his case and adduce evidence
The court may require any fact to be proved by affidavit
An oath shall be administrated and affirmed
No evidence shall be given in the proceedings before the court in respect of negotiations which has taken place at the conciliatory stage
No evidence shall be given with regard to any offer relating to any matter connected with the trade dispute made without prejudice by any person or TU
The IC has to comply with the rules of natural justice in proceedings before it
The IC cannot act on what was not evidence
The IC cannot base its award on copies of documents
Industrial Court Award
Public Interest
The financial implications
the effect of the award on the economy of the country
The effect of the award on the industry concerned
The probable effect in related or similar industries
Parties bound by an award
All parties to the dispute or reference to the Court
Any successor, assignee or transferee of the parties to the dispute
All workmen who are employed or subsequently employed in undertaking to which dispute relates
All members of union of employer which is a party to the dispute
Challenging or Appealing Against an Award
4 mandatory elements which the party must establish before IC exercise its discretion to refer to questions of law to the HC
The questions of law must arose in the course of the proceedings at the IC
The determination of which by the IC has affected the award
Which in the opinion of the IC is of sufficient importance to merit such reference
The determination of which the IC raises, in the opinion of the Court, sufficient doubt to merit such reference
Types of cases which are referred to the Industrial Court
By the Honourable Minister of Human Resource
Section 20(3) Industrial Relations Act 1967 (Dismissal)
Section 26 Industrial Relations Act 1967 (Trade dispute)
Section 8(2A) Industrial Relations Act 1967 (Victimisation)
Direct applications to the industrial Court
Section 56(1) Industrial Relations Act 1967 (Non Compliance of Award/ Collective Agreement
Section 33(1) Industrial Relations Act 1967 (Interpretation of Award/ Collective Agreement
Section 33(A) Industrial Relations Act 1967 (Points of law)
Section 33(2) Industrial Relations Act 1967 (Variation of Award/ collective agreement)