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Cap. 452 · Employment And Industrial Relations (Cap. 452)

Cap. 452 Art. 82Effects of awards or decisions by Tribunal.

PART III

En vigueurTexte officiel

(1) Any decision or award made by the Tribunal shall be binding on the parties to it, on the workers represented in the dispute and the workers affected by it and shall be binding on any successor in title of any one of the parties to the dispute: Provided that it shall not be open to either of the parties to seek by unilateral action a revision of any award or decision of the Tribunal before the expiration of at least one year from the date of such award or decision.

(2) A decision or award of the Tribunal may be made retrospective to a date which -

(a) in the case of an unfair dismissal, is not earlier than the date of such dismissal; and

(b) in any other case is not earlier than the actual occurrence of the breach or, if such date is not determinable, is not earlier than the date on which the trade dispute to which the decision or award relates first arose.

(3) In cases of unfair dismissal and in cases falling under the jurisdiction of the Industrial Tribunal in accordance with in accordance with article 75(1)(a), (b) and (c), there shall be a right of appeal on a point of law. Such appeal shall be made by an application to the Court of Appeal constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure. Such application shall be filed by not later than twelve days from the date of the decision of the Tribunal:

Provided that when an appeal is lodged to the Court of Appeal and a plea is entered by either of the parties that the appeal is null and void because it is not based on a point of law decided by the Tribunal or that the appeal is null and void at law for any other reason whatsoever, that appeal shall be referred by the Registrar to the Court of Appeal for a decree on the admissibility or in camera otherwise of the appeal.

(4) The enforcement of the awards and decisions of the Tribunal shall be carried out in the manner prescribed in this Act and in the Code of Organization and Civil Procedure, and shall vest in the Tribunal itself.

Historique des modifications
  • Amended by XX.2022.6