Industrial Tribunal Amendments

The long anticipated amendments to the Industrial Tribunal brought about by Act No XXXIII of 2016 are set to crystallise the constituting features of the Industrial Tribunal. Despite being interim measures, thus pending a wholesale change, these amendments should serve to reassure the appropriateness and reliance of such recourse. In view of the Constitutional Court’s confirmation of the Industrial Tribunal’s unconstitutional characteristics and the backlog of cases put on hold, these interim measures should serve as a an address to the issues earlier raised in court.

Features which have been amended revolve mainly around the appointment and change of the chairs to the tribunal.

Reflecting the types of actions before this tribunal, amendments to the Employment and Industrial Relations Act call for a ‘social and economic policies’ consideration.

The recent amendments also focus on the credibility of the court. This is expressed in two manners. Firstly in the clarification on the possible occurrence of any conflict of interest which may arise upon the functioning of the said tribunal and secondly, by virtue of a requirement for an open hearing in the course of a tribunal.

One may assert that these amendments have come at an opportune time to clarify certain issues which before raised eyebrows. For assistance with respect to your rights before the industrial tribunal, kindly contact us on [email protected]