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{
    "id": 203169,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/203169/?format=api",
    "text_counter": 549,
    "type": "speech",
    "speaker_name": "Dr. Kulundu",
    "speaker_title": "The Minister for Labour and Human Resource Development",
    "speaker": {
        "id": 295,
        "legal_name": "Newton Wanjala Kulundu",
        "slug": "newton-kulundu"
    },
    "content": " Mr. Temporary Deputy Chairman, Sir, I beg to move:- THAT, the Bill be amended by deleting Clause 12 and substituting therefor the following new clause- 12(1) The Industrial Court shall have exclusive jurisdiction to hear, determine and 4104 PARLIAMENTARY DEBATES September 20, 2007 grant any appropriate relief in respect of an application, claim or complaint or infringement of any of the provisions of this Act or any other legislation which extends jurisdiction to the Industrial Court, or in respect of any matter which may arise at common law between an employer and employee in the course of employment, between an employee or employer's organization and trade union or between a trade union, organization of employers, a federation and a member thereof. (2) An application, claim or complaint may be lodged with the Industrial Court by or against an employee, an employer, a trade union, an employer's organization or a federation of a trade unions or employers' organization, the Commissioner of Labour or the Minister. (3) The Industrial Court may consolidate claims for the purpose of hearing witnesses as appropriate. (4) In the discharge of its functions under this Act, the Industrial Court shall have the powers to grant injunctive relief, prohibition, declaratory order, award of damages, specific performance or reinstatement of an employee.(5) In deciding a matter, the Industrial Court may make any other order it deems necessary, which will promote the purpose and objects of this Act. (6) Any decision or order by the Industrial Court shall have the same force and effect as a judgement of the High Court and a certificate signed by the Registrar of the Industrial Court shall be conclusive evidence of the existence of such decision or order. (7) Any matter of law arising from a decision at a sitting of the Industrial Court and any question as to whether a matter for decision is a matter of law or a matter of fact shall be decided by the presiding judge of the Industrial Court provided that on all other issues, the decision of the majority of the members shall be the decision of the Industrial Court. (8) The Industrial Court may make an order for payment of costs, according to the requirements of the law and fairness and in so doing, the Industrial Court may take into account the fact that a party acted frivolously, vexatiously or with deliberate delay during conciliation proceedings and in bringing or defending a proceeding. (9) The Industrial Court may refuse to determine any dispute before the Court, other than an appeal or review if the court is not satisfied that an attempt has been made to resolve the dispute through conciliation. (10) Unless the parties to a dispute agree to a longer period, a dispute shall, on the expiry of thirty days from the date of appointment of a conciliator, be deemed to be unresolved. (11) A certificate issued by the conciliator stating that a dispute remains unresolved after conciliation is sufficient proof that an attempt has been made to resolve that dispute through conciliation. (12) The Industrial Court may review- (a) the performance or purported performance of any function provided for in any written law or any act or omission of any person or body in terms of any written law on any grounds that are permissible; (b) any decision taken or any act performed by the state in its capacity as employer on such grounds as are permissible in law; or (c) deal with all matters necessary or incidental to performing its functions in accordance with this Act or any other law. September 20, 2007 PARLIAMENTARY DEBATES 4105"
}