Registration of Grievances
An employer or worker may, within 14 days of becoming aware of an
event act or matter, giving rise to a grievance, lodge a
grievance with the Competent Officer.The Employer or worker completes a grievance form and
submit to the competent Officer with the required fee and relevant documents.
When the Competent Officer has at hand the information required
the grievance is registered. The Officer may,if found necessary, attempt to seek settlement
of the grievance by way of an informal negotiation with employer
or worker over the telephone or in person. Where it is decided that the case be mediated, the grievance
is processed, i.e. the benefits being claimed are computed,
a date for mediation is set and communicated to both parties.
Mediation is attempted with both parties present. If an
agreement is arrived at both parties sign the agreement and the Competent
Officer confirms the agreement in a letter.Where there is compliance, payment is effected to the Ministry
and then disbursed to the client or when it involves for e.g.,
a warning, the Competent Officer requests confirmation.
Where there is non-compliance, the party is served with the
necessary reminder and should there still be no compliance the case
is processed for legal action. Where no agreement is arrived at the Competent Officer
gives the parties a date to appear before a different Competent Officer
for adjudication. The Competent Officer also prepares a summary
of the mediation.
Adjudication Procedure
The Competent Officer has to within 42 days give a determination
on the case. If there is compliance payment is effected to the
Ministry and then disbursed to the party or when it involves for e.g.,
a warning, confirmation is requested by the Competent Officer.
Where there is non-compliance, the party is served with the necessary reminder and should there still be no compliance
the case is processed for legal action.
Both the determination at mediation and adjudication stage
is subject to appeal. The appeal application with the required fee is
received. A date for the hearing by Employment Advisory Board is set
and communicated to the employer and worker. A panel to hear
the case is put together and a copy of the file is sent to them.
The Minister has to within 42 days of the lodging of the
appeal give a ruling. Employment Advisory Board’s report is received placed
on file and forwarded to the Minister for his ruling. Where found
necessary a brief on the case is prepared by the Competent Officer to
guide the Minister. When the ruling is received, it is drafted by the
Competent Officer, signed by Chief Executive on behalf of the Minister
and communicated to the parties.
Where there is compliance, payment is effected to the Ministry
and then disbursed to the party or when it involves for e.g.,
a warning, the Minister requests confirmation. Where there is non-compliance, the party is served with the
necessary reminder and should there still be no compliance,
the case is processed for legal action.
Negotiation Procedure
An employer wishing to terminate a contract of employment
of a worker under the Negotiation Procedure has to not less than
42 days before the employer intends to give notice of termination
to the worker,notify the Chief Executive. The 42 days may, in exceptional circumstances and at the
discretion of the Chief Executive, be reduced. Upon receipt of the notification with the required fee
the Competent Officer requests all relevant information required from employer.
When the Competent Officer has at hand the information
required, the notification is registered.
A date for the consultation is set and communicated to the
employer. The employer is required to bring the worker/s to be terminated
to the consultation. The Competent Officer has to give the determination within
14 days after the date of registration of the notification.The employer has to wait for 21 days from the determination
before giving notice of termination to the worker. The determination is subject to appeal. The appeal
application with the required fee is received, a date for the hearing by the Employment
Advisory Board is set and communicated to the employer/worker,
a panel to hear the case is put together and a copy of the
file is sent to them.
The Minister has to within 42 days of the lodging of the
appeal give his ruling. Employment Advisory Board’s report is received, placed
on file and forwarded to the Minister for is ruling. Where found necessary, a brief on the case is prepared by the Competent Officer to
guide the Minister. When the ruling is received, it is drafted by the
Competent Officer signed by the Chief Executive on behalf of the Minister
and communicated to the parties. At both stages, i.e. consultation before Competent Officer
and appeal, where there is non-compliance, the party is sent reminders
and legal action initiated.
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