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CHAPTER 269 - INDUSTRIAL AND LABOUR RELATIONS ACT: SUBSIDIARY LEGISLATION

 

INDEX TO SUBSIDIARY LEGISLATION

Conduct of Ballot Regulations

Representative Body (Registration and Prescribed Forms) Regulations

Industrial Relations Court Rules

Trade Unions (Deduction of Subscriptions) Order

Trade Unions (Deduction of Subscriptions) (No. 2) Order

Industrial Relations Court (Arbitration and Mediation Procedure) Rules

Representative Bodies (Elections and Conduct of Ballot) Regulations

Industrial and Labour Relations (Deduction and Remittance of Subscription) Regulations

Industrial and Labour Relations (Fees) Regulations

 

CONDUCT OF BALLOT REGULATIONS

[Section 109]

Arrangement of Regulations

   Regulation

   1. Title and application

   1A. Interpretation

   2. Notification of ballot

   3. Establishment of voting points

   4. Supervision of voting points

   5. Equipment at voting points

   6. Distinguishing ballot boxes, etc.

   7. Structure of ballot boxes

   8. Condition of ballot boxes

   9. Conduct of ballot

   10. Sealing of ballot boxes after voting

   11. Voting at other voting points

   12. Representative at counting of votes

   13. Counting of votes

[Regulations by the Minister]

SI 65 of 1991,

SI 80 of 2003.

1. Title and application

These regulations may be cited as the Conduct of Ballot Regulations, and shall apply to every ballot conducted by a representative body.

[Reg 1 am by reg 2 of SI 80 of 2003.]

1A. Interpretation

In these Regulations unless otherwise the context requires–

“representative body” means a trade union, a of trade unions, an employers’ organisations or any other representative registered under the Act.

[Reg 1A ins by reg 3 of SI 80 of 2003.]

2. Notification of ballot

Where a trade union, the Congress, association or the Federation is required to conduct a ballot it shall—

   (a)   not less than seventy-two hours before the ballot is held, notify the proper officer in writing specifying the matter to be determined and the day and the time when balloting shall take place;

   (b)   not less than twenty-four hours before the ballot is held, furnish to the proper officer a list of the persons who are eligible to vote in the ballot together with such other particulars concerning such persons as the proper officer may require;

   (c)   on the request of the proper officer, furnish him with such evidence, as he may require by affidavit or otherwise, as he may require as to the eligibility to vote of all or any of the persons referred to in paragraph (b);

[Reg 2(c) am by reg 4 of SI 80 of 2003.]

   (d)   before the ballot is conducted, give adequate notice of such intention to its members:

Provided that in the case of a strike ballot or lockout ballot not less than 48 hours notice shall be given to the members before such ballot is conducted.

3. Establishment of voting points

The proper officer in consultation with a trade union, the Congress, association or the Federation, as the case may be, shall appoint a place or places at which the voting point shall be established.

4. Supervision of voting points

Every voting point shall throughout the period of voting be supervised by a proper officer who shall keep order thereat, and shall regulate the number of voters to be admitted to such point at any one time.

5. Equipment at voting points

If the proper officer so directs the representative body shall, not less than one hour before the voting is held, provide, to the satisfaction of the proper officer, enclosed voting booths and, chairs and tables in such numbers as may be necessary.

[Reg 5 subs by reg 5 of SI 80 of 2003.]

6. Distinguishing ballot boxes, etc.

For the purpose of enabling voters to cast their votes for or against the proposal to be determined by the ballot, the proper officer shall—

   (a)   determine the number of ballot boxes to be put in voting booth;

   (b)   ensure that each ballot box is clearly distinguished from the other, by colour or by a mark affixed to it;

   (c)   affix notice at the entrance to each voting booth stating the proposal to be determined by the booth;

   (d)   take such steps as may seem to him necessary to explain to voters the purpose and method of voting.

7. Structure of ballot boxes

Each ballot box shall be constructed in such a manner that the balloting tokens can be freely introduced therein but cannot be withdrawn therefrom without the box being unlocked, cut or broken open.

8. Condition of ballot boxes

   (1) Immediately before a ballot is held, the presiding officer shall show each ballot box empty to—

   (a)   any representative of a representative body or a candidate who may be present and who has previously made his presence known to the proper officer;

[Reg 8(1)(a) am by reg 7 of SI 80 of 2003.]

   (b)   such other persons as may be present.

   (2) The proper officer shall ensure that the ballot box is sealed in a manner that it cannot be opened without breaking the seal.

9. Conduct of ballot

Every ballot shall be conducted in accordance with the following provisions, that is to say—

   (a)   every voter taking part in a ballot shall present himself to the proper officer at a voting point during the hours laid down for the taking of the ballot and shall before recording his vote, identify himself by the production of his membership card or otherwise, as the proper officer may direct:

[Reg 9(a) am by reg 8(a) of SI 80 of 2003.]

Provided that any direction given by the proper officer under this paragraph shall be in accordance with the constitution of the representative body concerned.

[Reg 9(a) proviso ins by reg 8(b) of SI 80 of 2003.]

   (b)   the proper officer shall mark off the name or number of each voter on the list provided under paragraph (b) of regulation 2;

   (c)   the proper officer shall then deliver to the voter a token marked with an official mark in such form as the proper officer may direct and any token not so marked shall be void and shall not be counted;

   (d)   the voter shall then—

      (i)   enter the balloting booth alone;

      (ii)   record his vote by placing the token in the ballot box or boxes as the case may be, provided therein; and

      (iii)   leave the balloting booth without delay.

10. Sealing of ballot boxes after voting

As soon as practicable after the close of each day of voting, the proper officer shall at each voting point seal each ballot box, and all the ballot boxes together shall be locked by him in such place as he may provide for the purpose.

11. Voting at other voting points

Any person otherwise eligible to vote at any voting point who, at the time of voting, finds himself at another voting point may cast his vote at that point:

Provided that—

   (a)   he can satisfactorily identify himself to the proper officer at the voting point where he wishes to cast his vote, and

   (b)   he is in possession of a letter from a responsible official of the trade union, Congress association or Federation as the case may be, stating that he is eligible to vote in the ballot; or

   (c)   any proper officer at the voting point where such person wishes to cast his vote has been advised by telegram or otherwise in terms similar to those specified under paragraph (b).

12. Representative at counting of votes

The trade union, Congress, association or Federation may appoint no more than three representatives to attend at the counting of votes after the ballot has been closed.

13. Counting of votes

   (1) Except in the case of a ballot conducted at more than one voting point, the proper officer at each voting point shall, as soon as practicable after the close of voting, count the votes and record the result of the ballot in the presence of representatives referred to under regulation 12 and the result so recorded shall be published in such a manner as the proper officer may direct.

   (2) Where a ballot is conducted at more than one voting point the ballot figures for all voting points shall be added together so as to record the total results of the ballot and the result shall be published in such manner as the Labour Commissioner may direct.

 

REPRESENTATIVE BODY (REGISTRATION AND PRESCRIBED FORMS) REGULATIONS

[Section 112]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

   1. Title

   2. Interpretation

   3. Registration as representative

   3A. Payment of Registration fee

   4. Essential service certificate

   5. Prescribed forms

      SCHEDULE

[Regulations by the Minister]

SI 73 of 1994,

SI 55 of 1999,

SI 79 of 2003.

1. Title

These Regulations may be cited as the Representative Body (Registration and Prescribed Forms) Regulations.

2. Interpretation

In these Regulations unless the context otherwise requires—

“representative body” means a trade union, federation of unions, an employers’ organisation and a federation of employers’ organisations or any other representative body registered under the Act.

[Subs by reg 2 of SI 55 of 1999.]

3. Registration as representative

An application for registration as a representative body, shall be in Form 1 set out in the Schedule.

3A. Payment of Registration fee

Subject to the provisions of the Act, a certificate of registration shall be issued upon payment of a registration fee of—

   (a)    two thousand seven hundred and seventy-eight fee units in the case of a trade union;

   (b)    two thousand seven hundred and twelve fee units in the case of an employers’ organisation; or

   (c)    eleven thousand one hundred and twelve fee units in the case of a federation of employers’ organisation.

[Subs by reg 2 of SI 79 of 2003.]

4. Essential service certificate

An employee engaged or employed in an essential service as provided for under section 107 of the Industrial and Labour Relations Act, shall be issued with an essential service certificate by his employer in Form 7 set out in the Schedule.

5. Prescribed forms

The forms set out in the Schedule to these Regulations are hereby prescribed for the purpose mentioned in each form.

 

SCHEDULE

 

Form 1

PRESCRIBED FORMS

[Regulation 3]

APPLICATION FOR REGISTRATION OF REPRESENTATIVE BODY

   1. This application is made by—

   (a)   not less than fifty supporting employees in the case of a trade union;

   (b)   in the case of an employers’ organisation not less than five members or such lesser number as the commissioner may accept;

   (c)   in the case of a federation of trade unions or a federation of employers’ organisations, not less than two registered trade unions or registered employers organisations, respectively.

[Form 1 para 1 subs by reg 4 of SI 55 of 1999.]

2. The representative body shall be registered in the name of ....................................................................................................... as set out in rule No. ................................. of the constitution of the representative body.

3. To the best of our belief, there is no other existing representative body registered in the name identical to or so nearly resembles the names of this representative body, so as to cause confusion to its members and the public at large.

4. The representative body was established on the ........................................................... day of ..................................................... in the year......................................................,by a resolution of the general meeting of the said representative body and an authenticated copy of such a resolution is hereby attached to this application.

5. The registered office of the representative body to which all communications and notices may be addressed is at as set out in rule No. ...................................................................... of the constitution of the representative body.

6. The objects for which the representative body is established, and the class or classes or category or categories of employees or employers as the case may be which the representative body shall represent is set out in rule No. ................................. of the constitution of the representative body.

7. The provision for the organisational structure of the representative body, the mode of appointment and removal of officers responsible for the administration of the representative body and the powers and duties of such officers are set out in rule No. ....................... of the constitution of the representative body.

8. The purpose to which the funds of the representative body may be applied are set out in rule No. .......................................... of the constitution of the representative body.

9. The provision for the payment of subscriptions and fees by the members and the methods of collection thereof are set out in rule No. ............................... of the constitution of the representative body.

10. The provision for the vesting and safe custody of the funds and property of the representative body, and the banking and investment of the funds, maintenance, inspection and periodical auditing of its accounts and other financial records are set out in rule No. ............................... of the constitution of the representative body.

11. The provisions for disqualification of a member from voting on any matter concerning the representative body or from election or appointment to any office in the representative body of an office holder who has the function of dealing with the funds or to any office in the representative body or its organs are set out in rule No. ......................... of the constitution of the representative body.

12. The provision for election of officers within six months after registration of the representative body, and thereafter at regular intervals of not more than four years are set out in rule No. .......................... of the constitution of the representative body.

13. The provision for ensuring that all categories of members of the representative body are adequately and effectively represented on all the organs of the representative body are provided for in rule No. ........................... of the constitution of the representative body.

14. The provision for the manner of dissolving the representative body are set out in rule No..........of the constitution of the representative body.

15. The provision for ensuring the secrecy of any ballot regarding the taking of decisions—

   (a)   for the election of delegates, trustees or other officers;

   (b)   affiliation or disaffiliation to national or international organisations;

   (c)   on any proposal to dissolve the representative body or to reconstitute it so as to split it into two or more representative bodies;

   (d)   on any proposal to amalgamate it with one or more representative bodies, are set out in rule No..........of the constitution of the representative body.

16. The procedure for amending or altering the constitution of the representative body is provided for in rule No. ........................... of the constitution of the representative body.

17. The provision for safe-guarding the rights of individual members to a reasonable opportunity to vote in all matters concerning the representative body or to stand for any position in the representative body are set out in rule No. ...................... of the constitution of the representative body.

18. Accompanying this application are two copies of the constitution authenticated by duly authorised officers of the representative body.

19. The names and titles of officers of the representative body (including trustees) are as follows—

 

Name 

Address 

Designation 

(a).......................................... 

....................................... 

....................................... 

(b)......................................... 

....................................... 

....................................... 

(c).......................................... 

....................................... 

....................................... 

(d).......................................... 

....................................... 

....................................... 

(e).......................................... 

....................................... 

....................................... 

(f).......................................... 

....................................... 

....................................... 

(g).......................................... 

....................................... 

....................................... 

(h).......................................... 

....................................... 

....................................... 

(i)........................................... 

....................................... 

....................................... 

(j)........................................... 

....................................... 

....................................... 

(k)......................................... 

....................................... 

....................................... 20. We, the undersigned, have been duly authorised by the representative body to make this application on its behalf. (The number required to make this application should be as indicated in paragraph (1).

 

Name 

Employer 

Address 

Signature 

1. 

 

 

 

2. 

 

 

 

3. 

 

 

 

4. 

 

 

 

5. 

 

 

 

6. 

 

 

 

7. 

 

 

 

8. 

 

 

 

9. 

 

 

 

10. 

 

 

 

11. 

 

 

 

12. 

 

 

 

13. 

 

 

 

Form 2

[Regulation 5]

CERTIFICATE OF REGISTRATION No.

IT IS HEREBY CERTIFIED that the whose registered office is situated at has been duly registered under the Industrial and Labour Relations Act, 1993, as a representative body for this ................................................ day of ................................................, the year .............. Signed:

Name:............................

Commissioner.........................................

 

Form 3

[Regulation 5]

APPLICATION FOR REGISTRATION OF ALTERATION OR ADDITION TO THE REPRESENTATIVE BODY'S CONSTITUTION

Name of Representative Body..........................................

Certificate of Registration No..............................................

Registration office situated at.................................................

1. This application for the registration or alteration or addition to the constitution of the above named representative body is made by—

   (a)   seven members in case of trade union; or

   (b)   four members in case of employer's association, whose names are subscribed at the foot hereof including the executive officers.

2. The applicants have been duly authorised to make this application on behalf of the said representative body, such authority consisting of a resolution passed at a general meeting held on the ............................................... day of .................................................... in the year .........................................

3. With this application are sent—

   (a)   a copy of the resolution or other authority authorising the alteration or addition to the constitution and signed by each of the applicants with their name and designation against each signature;

   (b)   two copies of the previous registered constitution amended or underlined in red showing where and in what manner alterations or addition have been made.

4. We, the persons whose names, signatures and designations are subscribed at the foot hereof, have made this application on behalf of the said representative body satisfied that the rules of the constitution were duly complied with.

 

Name 

Signature 

Designation 

1. 

 

 

2. 

 

 

3. 

 

 

4. 

 

 

5. 

 

 

6. 

 

 

7. 

 

 

Form 4

[Regulation 5]

REQUEST TO CANCEL CERTIFICATE OF REGISTRATION

Name of the Registration Body..................................................................................................................

Certificate of Registration No....................................................................................................................

To: THE COMMISSIONER

1. The above-named representative body desires that its certificate of registration under the Industrial and Labour Relations Act, 1993 may be cancelled on the following grounds:

(State reasons for desiring cancellation of the certificate of registration)......................................................................................

........................................................................................................................................................................................................

.........................................................................................................................................................................................................

2. (1) The request is duly made following a general meeting on .................................... day of ............................................ 20......... during which it was resolved as follows:

"that the trustees be authorised to request the commissioner to cancel the certificate of registration of this representative body"

   (2) If not at the general meeting, state in what manner the request has been determined:

3. This request is made on behalf of the representative body accordingly.

 


Name 


Designation 


Signature 


1. 


 


 


2. 


 


 


3. 


 


 


4. 


 


 


5. 


 


 


6. 


 


 


7. 


 

 

Note: Seven officers are required in case of trade unions whilst four officers are required for employer's associations.

Registered Office..................................................................................

Name and address to which communications are to be sent........................................................

 

Form 5

[Regulation 5]

To: The Commissioner P.O. Box 32186 Lusaka

I/We............................................................................................................ (name and address of employer) carrying on the business of ..............................................at and employing ....................................................................... eligible employees, do hereby apply for registration as an employer under section 63 of the Act.

Dated the day of........................................................... 20.............

Signature.....................................................

Designation:.................................................

 

Form 6

[Regulation 5]

CERTIFICATE OF REGISTRATION

IT IS HEREBY CERTIFIED that (name and address of employer).................................................................... carrying on the business of................................................... is registered as an employer under section 63 of the Act.

Dated the ................................................ day of ....................................... 20............

Signature:...............................................

Name: ...............................................

Commissioner................................................

 

Form 7

[Regulation 5]

ESSENTIAL SERVICE CERTIFICATE

Name and address of employer...........................................................

Name of employee:.................................................................................

Employee's National Registration Card No...................................................

Capacity in which employed..............................................................................

This is to certify that the employee mentioned herein is employed in an essential service (specify it here)

.......................................................................................................................................................................

........................................................................................................................................................................

Dated this ...................................................... day of ......................................... 20..........

 

Signed: ................................................................ 

Signed:........................................................... 

Name: .................................................................... 

Name: ........................................................... 

(Employee).......................................... .................. 

(Employer).......................................................

 

Note: This certificate must be prepared in duplicate and one copy to be handed to the employee and the other copy to be retained by the employer.

 

INDUSTRIAL RELATIONS COURT RULES

[Sections 10, 37, 99, 101 and 108]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Rules

   Rule

PART I
PRELIMINARY

   1. Title

   2. Interpretation

PART II
APPLICATIONS TO THE COURT

   3. Application of Part II

   4. Institution of proceedings

   5. Serving of notice of application

   6. Respondent's answer

   7. Disposal of application

PART III
COMPLAINTS TO THE COURT

   8. Application of Part III

   9. Institution of proceedings

   10. Service of notice of complaint

   11. Respondent's answer

   12. Disposal of complaint

PART IV
APPEALS TO THE COURT

   13. Application of Part IV

   14. Institution of appeal

   15. Time for appealing

   16. Service of notice of appeal

   17. Respondents to appeals

   18. Respondent's answer

   19. Disposal of appeal

PART V
REFERENCE OF A COLLECTIVE DISPUTE TO THE COURT

   20. Application of Part V

   21. Reference of a collective dispute to the Court

   22. Registration of reference

   23. Date and place for giving directions

   24. Statement of claim and answer

   25. Further and better particulars

   26. Witnesses and hearing

   27. Award

PART VI
REFERENCE UNDER SECTION 28 (4) OF A DISPUTE BETWEEN TRADE UNIONS

   28. Reference under section 28 (4)

   29. Cognizance of a dispute

PART VII
GENERAL PROVISIONS APPLYING TO ALL PROCEEDINGS

   30. Application of Part VII

   31. Time and place of proceedings

   32. Joinder of parties

   33. Interlocutory applications

   34. Powers of a single Judge

   35. Appeal from interlocutory orders

   36. Directions

   37. Court's power to give direction

   38. Interim orders

   39. Notice to admit documents and facts

   40. Discovery of documents

   41. Interrogatories

   42. Default by parties

   43. Drawing up and enforcement of orders

   44. Costs

   45. Service of documents

   46. Conciliation

   47. Extension or abridgment of time

   48. Non-compliance with, and waiver of, rules

   49. Place and time of hearing

PART VIII
MISCELLANEOUS

   50. Committal for contempt of Court

   51. Warrant to apprehend

   52. Warrant of detention

   53. Forms

   54. Power to enter premises

   55. Power of the Court not limited by these Rules

   56. Interpreter

   57. Representation of parties

   58. Forms of writ, etc.

   59. Orders to be enforced as a decree

   60. Form of proceedings

PART IX
EVIDENCE AND PROCEDURE IN THE COURT

   61. Calling upon a party

   62. Admission of evidence

   63. Evidence on oath

   64. Oral evidence and affidavit

   65. Form of affidavit

   66. Statistical statements

   67. Party to supply list of books, etc.

PART X
FILING OF APPLICATIONS, APPEALS, COMPLAINTS, REFERENCES, STATEMENTS OF CLAIM, ANSWERS AND OTHER DOCUMENTS

   68. Filing of documents

   69. Copies

   70. Registrar to scrutinise before filing

   71. Return of documents

PART XI
VACANCY, SITTINGS, VACATION AND SEAL

   72. Chairman may fill vacancy occurring during hearing

   73. Sittings of the Court

   74. Working days and office hours

   75. Seal of the Court

PART XII
REGISTRAR OF THE COURT

   76. Custody of records

   77. Applications to the Registrar

PART XIII
WITNESSES' AND ASSESSORS' ALLOWANCES

   78. Person entitled

   79. Allowances

   80. Travelling expenses

PART XIV
COURT FEES

   81. Fees

   82. Fees payable by cash, cheques, etc. 

   83. Document to be stamped

   84. Cancellation of stamps

   85. No receipt to be issued

   86. Duty of the Registrar

   87. Refund of value in certain cases

      SCHEDULE

[Rules by the Chairman]

SI 206 of 1974,

SI 157 of 1995,

SI 34 of 1996.

 

PART I
PRELIMINARY

1. Title

These Rules may be cited as the Industrial Relations Court Rules.[These Rules made under the repealed Act are continued in operation by section 15 of the Interpretation and General Provisions Act.]*

2. Interpretation

In these Rules, unless the context otherwise requires—

"Act"  means the Industrial Relations Act;

"Registrar"  means the Registrar of the Court and includes any officer of the Court authorised by the Chairman to perform the functions of the Registrar;

"Court"  means the Industrial Relations Court established under section 96;

"Judge"  means the Chairman or the Deputy Chairman;

"Part"  means a Part of these Rules;

"seal"  means any device capable of making an imprint, whether embossed or otherwise, on paper.

 

PART II
APPLICATIONS TO THE COURT

3. Application of Part II

This Part applies to applications to the Court under section 17 (injunction against an officer of a trade union); section 44 (injunction against an officer of an association);

section 74 (3) (determination of alleged contravention of written laws or infringement of collective agreements, works agreements or works rules);

section 88 (interpretation of any clause in a collective agreement);

section 99 (1) (declaration by the Court); and

section 102 (Court to resolve ambiguities in collective agreements, its awards and decisions).

4. Institution of proceedings

An application to which this Part applies shall be made by serving on the Court notice in writing in, or substantially in accordance with, the appropriate form in Part A of the Schedule.

5. Serving of notice of applications

On receipt of a notice under rule 4, the Registrar shall register the notice in the Court register and endorse the registration number thereon and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the applicant and serve a sealed copy thereof on any other person considered by the Court to be a proper party to the proceedings, and every such person shall be a respondent to the application.

6. Respondent's answer

   (1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which an answer to the application must be delivered.

   (2) A respondent who desires to oppose the application shall, within the time appointed under sub-rule (1), deliver to the Court an answer in, or substantially in accordance with, Form IRC 7 contained in Part A of the Schedule, setting out his answer and the Registrar shall serve a copy of such answer on every party to the proceedings.

7. Disposal of application

   (1) If all parties to the proceedings have concurred in, or consented to, the application, or if no answer is delivered under rule 6 (2), the Court may, if it thinks fit, deal with the application without a hearing.

   (2) Except where the Court deals with the application under sub-rule (1), the Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing the application and shall notify every party of the date appointed by the Court by which any interlocutory application may be made.

   (3) The Court may, if it thinks fit, deal with an application to which this Part relates without an oral hearing notwithstanding that the application is opposed, but the Court shall not do so unless—

   (a)   all parties to the proceedings consent; or

   (b)   any party desiring an oral hearing has been given an opportunity of applying to the Court for such hearing and the Court is satisfied that no injustice can be caused if the application is dealt with without an oral hearing.

 

PART III
COMPLAINTS TO THE COURT

8. Application of Part III

This Part applies to complaints presented to the Court under-section 114 (2) (complaint of discrimination in employment); section 120 (1) (complaint in respect of irregularities in election).

9. Institution of proceedings

A complaint to which this Part applies shall be presented by serving on the Court notice in writing in, or substantially in accordance with, the appropriate form in Part B of the Schedule.

10. Service of notice of complaint

On receipt of a notice under rule 9, the Registrar shall register the notice in the Court register and endorse the registration number thereon and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the complainant and serve a sealed copy thereof on any person from whom any relief is claimed (and on any other person considered by the Court to be a proper party to the proceedings), and every such person shall be a respondent to the complaint.

11. Respondent's answer

   (1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which an answer to the complaint must be delivered.

   (2) A respondent who desires to answer a complaint shall, within the time appointed under sub-rule (1), deliver to the Court an answer in, or substantially in accordance with, Form IRC 10 contained in Part B of the Schedule, setting out his answer to the complaint, and the Registrar shall serve a copy of such answer on every other party to the proceedings.

12. Disposal of complaint

The Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing the complaint, and shall notify every such party of the date appointed by the Court by which any interlocutory application may be made.

 

PART IV
APPEALS TO THE COURT

13. Application of Part IV

This Part applies to appeals under—

section 10 (1) (appeal from the decision of the Commissioner);

section 28 (3) (appeal from decision on disputes between trade unions);

section 37 (1) (appeal from the decision of the Commissioner);

section 59 (4) (appeal from the decision of a trade union);

section 73 (4) (appeal from decision of the Board of Review).

14. Institution of appeal

An appeal to which this Part applies shall be instituted by serving on the Court, within the time allowed under rule 15, notice in writing in, or substantially in accordance with, the appropriate form in Part C of the Schedule, together with a copy of the refusal, decision or cancellation, as the case may be, against which the appeal is lodged.

15. Time for appealing

A notice under rule 14 shall be served within thirty days of the date of the notification to the appellant of the refusal, decision or cancellation, as the case may be, against which the appeal is lodged.

16. Service of notice of appeal

On receipt of a notice under rule 14, the Registrar shall register the notice in the Court register and endorse the registration number thereon and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the appellant and serve a sealed copy thereof on every person who, in accordance with rule 17, is a respondent to the appeal.

17. Respondents to appeals

The respondents to an appeal shall be—

   (a)   in the case of an appeal under section 10 (1) or 37 (1), the Commissioner;

   (b)   in the case of an appeal under section 28 (3), the Congress;

   (c)   in the case of an appeal under section 59 (4), the trade union in question; and

   (d)   in the case of an appeal under section 73 (4), parties to the proceedings before the Board of Review, other than the appellant.

18. Respondent's answer

   (1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which any answer under sub-rule (2) shall be delivered.

   (2) Subject to sub-rule (3), a respondent who wishes to resist an appeal shall within the time appointed under sub-rule (1) deliver to the Court an answer in, or substantially in accordance with, Form IRC 16 contained in Part C of the Schedule, setting out the grounds on which he relies, and the Registrar shall serve a copy of such answer on every other party to the proceedings.

   (3) A respondent who wishes to cross-appeal may do so by including in an answer delivered under sub-rule (2) a statement of the grounds of his cross-appeal.

19. Disposal of appeal

The Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing an appeal, and shall notify every such party of the date appointed by the Court within which any interlocutory application may be made.

 

PART V
REFERENCE OF A COLLECTIVE DISPUTE TO THE COURT

20. Application of Part V

This Part applies to a reference of a collective dispute made to the Court by the Minister.

21. Reference of a collective dispute to the Court

   (1) A reference of a collective dispute made to the Court by the Minister under the provisions of section 93 (3) shall be made in writing in, or substantially in accordance with, Form IRC 17 contained in Part D of the Schedule.

   (2) A reference of a collective dispute made to the Court by the Minister under the provisions of section 95 (1) shall be made in writing in, or substantially in accordance with, Form IRC 18 contained in Part D of the Schedule.

   (3) A reference of a collective dispute shall be accompanied by a notification in writing in, or substantially in accordance with, Form IRC 19 contained in Part D of the Schedule, stating the details of the issues in the collective dispute.

22. Registration of reference

When a reference of a collective dispute is made to the Court by the Minister, the Court shall take cognizance of the dispute and register the dispute in the Court register.

23. Date and place for giving directions

The Court shall notify the parties to a collective dispute referred to the Court of the registration number of such dispute and shall fix the date and place for giving directions as to the further conduct of the dispute.


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