|
|
| 1.
What happens when there are disputes between the employer
and the employee? (e.g. complaints/ claims on salary matters
relating to the provisions of the Employment Act, or terms
of employment) |
Any disputes between an employee and his employer arising
out of the terms of a contract of service or out of any
of the provisions of the Employment Act (e.g., the failure
to pay salary or salary in lieu of notice) can be referred
to the Commissioner for Labour, subject to the following
conditions:
- the employee involved must be covered by the Employment
Act;
- the employee must either be a workman or a non-workman
earning less than $1,600 per month;
- the complaint must be made within one year of the
matter in dispute; and
- in the case of a dispute arising out of termination
or dismissal, the complaint must be made within six
months of the employee's last day of service.
Proceedings before the Commissioner are not as formal
as court proceedings. Employees can be represented by
their trade union. Neither the employer nor the employee
can be represented by an advocate or solicitor or paid
agent.
Law: Employment Act sec. 115, 117, 120.
|
|
|
|
| 2.
Does the complainant/claimant have to pay any fee? |
Yes. The registration fee payable by a claimant is
- if the claimant is an employee ……… $3
- if the claimant is an employer ……… $20
Law: Employment Act sec. 118, 119.
|
|
|
|
| 3.
What are the Commissioner’s powers to inquire into complaints/claims?
|
The Commissioner's powers include the hearing of any claim
by a subcontractor for labour against a contractor or
subcontractor for any sum which the subcontractor for
labour claims to be due to him in respect of any labour
provided by him under his contract with the contractor
or subcontractor.
After due inquiry, the Commissioner may order either disputing
party to pay to the other such sum of money as he considers
just without limitation to the amount to satisfy the claim
or he may dismiss the claim.
Law: Employment Act sec. 115(3).
|
|
|
|
| 4.
Is the Commissioner’s order final? |
The Commissioner's order is deemed to be a decision of
a District Court. Either disputing party who is dissatisfied
with the Commissioner’s order may appeal to the High Court
within 14 days of the order.
Law: Employment Act sec. 117.
|
|
|
|
