The Labour Arbitration Tribunal is an independent tribunal set up under the Labour Code, 2010 with the power to make orders and awards with the same force as an order or award of the High Court. The parties appearing before the Tribunal are entitled to the same rights or privileges as they would have before any court. In the exercise of its powers, it cannot be directed or controlled by any other person or authority.
The National Business Bureau is an entity within the Department of Trade and Consumer Affairs, which was established specifically for the development of the MSME sector.
In addition to the completed application form and cover letter outlining the business intent, everyone should submit one passport sized photo; British Virgin Islanders should submit a copy of their birth certificate, picture page and page 4 of their BVI passport; belongers’ or naturalized citizens should submit their belongers’ certificate/card or naturalization certificate; all other persons (non-belongers) should submit (i ) the picture page of their passport (ii) two character references, (iii) financial statement/bank reference, and (iv) police record.
An employee’s normal hours of work for any one employer should not exceed eight hours. If an employee works in excess of eight hours on a normal work day, he or she is to be paid at the rate one and a half times his or her basic rate of pay. Where an employee works on a public holiday, the employee must be paid a basic hourly rate of at least one and one-half times his or her basic wage for each hour worked in addition to the basic wage of the employee.
An employee is entitled to one hour lunch. An employee may agree with his or her employer to reduce the lunch period to not less than thirty minutes.
During your probationary period your employer is expected to ensure that you are given orientation and guidance on how your job should be done and how you should conduct yourself at the job. Your employer should inform you of the company’s human resources policies, its administrative procedures and health and safety policies. Your employer should also provide supervision and regular feedback on your performance.
The Tribunal hearings and trials are normally held at its office and the hearings are held in a hearing room, except it is possible to hold hearings and trials by video conference. Hearings are heard before the Chairman sitting alone and the trial is heard before three members who together are referred to as the full panel. They are the Chairman who will run the proceedings, a person representing the complainant or all complainants and a person representing the respondent or all respondents, who are each appointed by the Minister on the recommendation of the parties once the person has been approved to be on the Roster of Accredited Labour Arbitrators.
As of 01 August 2020, the current Chairman is Mr. Jamal S. Smith, LLB(Hons.), MCIArb.
You make your recommendation by writing to the person you wish to recommend and having them complete a Form of Consent. If they are not already on the Roster of Accredited Labour Arbitrators then they must le an application to be entered on the Roster. The person you recommend cannot charge you any fee unless that fee agreement is disclosed to the Tribunal when ling the Form of Consent.
The atmosphere is like the High Court but slightly less formal. For example, there are no wigs or gowns, but evidence is taken on oath and there are rules about what happens. You must be appropriately dressed and follow the Rules of Etiquette that will be provided to you by the Secretary to the Tribunal.
Case Management Hearings are held in private, but trials with the full panel are open to the public, unless the parties agree to have the trial in private or there is an issue of confidentiality that arises where the Tribunal feels it is necessary to hold the trial in private.
An employee has to give his employer a medical certificate of illness no later than the second day of illness.