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Proceedings of the Tribunal


Proceedings of the Tribunal

The proceedings of the Employment Tribunal are regulated under paragraph 6 of the Employment Amendment Act 2008 which states that:-
 

1. In any proceedings of the Tribunal, there shall always be a representative from the employers’ organization and the trade union sitting as a member provided where parties to a dispute agree the Chairperson may sit with only one member.
 

2. The Tribunal shall where possible sit at least three times a week and laws relating to evidence shall be applicable to witnesses or persons appearing before the Tribunal.
 

3. Each member of the Tribunal shall have an equal vote and decisions shall be reached by a majority vote.
 

4. A decision of the Tribunal is enforceable as if it were a decision of the Magistrate Court. 
 

5. A party before the Tribunal may be represented by a lawyer or by a representative of a trade union or an employers’ organization or any other person as the case may be.
 

6. The Tribunal shall before making any decision: 

  • Afford the parties the opportunity to be heard;
  • Generally observe the rules of natural justice
     

7. Notwithstanding the foregoing, the Tribunal shall have power to conduct proceedings in whatever manner it considers most appropriate.
 

8. At the conclusion of the proceedings the Tribunal shall in addition to any other remedies provided under this Act, award compensation or costs or make any other order as it thinks fit.

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