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Section 70A: Reference by supervising officer

Employment Relations Act

This section is inserted by Act No 15 of 2022, section 18.

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

70A. Reference by supervising officer (1) Where the supervising officer refers a matter to the Tribunal under section 69A of the Workers’ Rights Act 2019, the Tribunal shall proceed to hear the case and give its determination within 90 days of the date of referral. (2) The Tribunal may extend the period specified in subsection (1), where the circumstances so require, with the consent of the parties. 288 Acts 2022 (3) Where the Tribunal finds that the claim for reinstatement of a worker is justified, the Tribunal shall – (a) subject, to the consent of the worker; and (b) where it has reason to believe that the relationship between the employer and the worker has not irretrievably been broken, order that the worker be reinstated in his former employment and, where it deems appropriate, make an order for the payment of remuneration from the date of the termination of his employment to the date of his reinstatement. (4) Notwithstanding subsection (3), where the Tribunal finds that the claim for reinstatement of a worker is justified but the Tribunal has reason to believe that the relationship between the employer and the worker has irretrievably been broken, it shall order that the worker be paid severance allowance in accordance with section 69(1) of the Workers’ Rights Act 2019. (5) Where the Tribunal makes an order under this section, the order shall be enforced in the same manner as an order of the Industrial Court. (g) in section 87(2)(b), by deleting the words “or mediators” and replacing them by the words “and mediators”; (h) in section 88(2)(a), by inserting, after the words “labour dispute”, the words “or any complaint referred to it under section 120 of the Workers’ Rights Act 2019”.

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