Frequently asked questions for the Employment Tribunal.
Can the Tribunal impose a jail sentence ?
The Tribunal can impose a maximum term of two years imprisonment.
How do you bring a case before the Employment Tribunal ?
You must have followed the workplace grievance procedure if available at your workplace.
You must have filed your grievance at the Industrial Relations Section with the Ministry of Employment, Immigration and Civil Status and the matter will go through mediation.
If an agreement is not reached between the two parties, i.e., employer and worker, a certificate will be issued by the Employment Officer who presided over the mediation process to certify that that mediation has failed.
It is only after receiving this certificate that you can file your case at the Employment Tribunal. It should be noted that you can only file a case for the grievance which failed at mediation.
You can collect a copy of the form on which to file your case from the Employment Tribunal Office.
You will have to pay a registration fee of SR200 to lodge a case with the Employment Tribunal. You have 30 days after mediation have failed to register your case at the Employment Tribunal.
Is the Employment Tribunal proceedings open to the public?
The Employment Tribunal is open to the public and the records of the Tribunal are public document which can be obtained from the Secretariat of the Tribunal.
What are the days and timings of sittings?
The Employment Tribunal sits four times a week from Monday to Thursday as from 8:00am to 4:00pm
What are the remedies that the Tribunal can provide ?
The Tribunal can award;1. Legal employment benefits2. Compensation3. Cost for filing the case4. Fine5. Any other order it thinks fit.
What is the maximum penalty that the Tribunal can impose ?
The Tribunal can impose a maximum fine of SR 40,000.
Where does the Tribunal sit ?
The Tribunal sits at Judiciary Building, Ile Du Port, Victoria, Mahe, Seychelles.
Who can present my case before the Tribunal ?
You can be represented by;
A representative of a Trade Union (in the case of a worker).
An employers’ organization (in the case of an employer).
A lawyer. (in either cases).
5. One’s self (Yourself at the discretion of the chairperson).
Who is present at the Tribunal hearing ?
At any hearing there must be a Chairperson or Vice-Chairperson (presiding the case) accompanied by two other members of the Tribunal and the two parties involved in the case who may opt to nominate someone to act as their representative.