Section 86: Functions of Tribunal
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.
86. Functions of Tribunal
(1) The Tribunal shall have such functions as are specified in this Act,
the Employment Rights Act or as may be prescribed.
(2) Without prejudice to the generality of subsection (1), the Tribunal
shall—
(a) make awards;
(b) make orders in relation to recognition, check-off agreement,
agency shop order, minimum service and any other issues under
this Act;
(ba) make awards and orders under the Employment Rights Act in
relation to the reduction of workforce or closing down of
enterprise;
(c) interpret collective agreements, awards and orders; and
(d) publish, on or before 31 March of every year, an annual report
providing summaries of cases and rulings.
(3) Where any party to a matter relating to terms and conditions of
employment fails to follow the procedures and remedies available under a
procedure agreement or under this Act with regard to an existing or
threatened strike or lock-out arising out of a labour dispute whether or not
reported under section 64 and if the dispute has been so reported, whether
or not the report has been rejected under section 65, the other party may
apply to the Tribunal and the Tribunal may make an order—
(a) requiring the parties to make use of the procedures and remedies
available under the procedure agreement or under this Act; and
(b) declaring any existing or threatened strike or lock-out to be
unlawful.
(4) A party shall comply with an order under subsection (3) forthwith.
[S. 86 amended by s. 29 of Act 5 of 2013 w.e.f. 11 June 2013.]
Sub-Part B – Commission for Conciliation and Mediation
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Questions this section answers
- Can the Tribunal declare a strike unlawful if proper procedures weren't followed?