Section 70A: Reference by supervising officer
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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Questions this section answers
- How quickly must the Tribunal decide a case referred by a supervising officer?
- If I'm found to have been unfairly dismissed, can I get my job back?
- Can I get severance pay instead of reinstatement after an unfair dismissal?