s.78Procedure for handling complaints
78
Section 78Part 10 — ADMINISTRATION AND DISPUTE SETTLEMENT

Procedure for handling complaints

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Any complaint arising from the provisions of this Law shall be made to the Director who shall deal with it in accordance with this section unless, in his view, the complaint is frivolous and vexatious, or is as a result of the complainant's own malice or ill-will, in which case the Director will advise the complainant of his findings and decision.
Any person who is dissatisfied with a decision of the Director to declare a complaint frivolous and vexatious under subsection (1) may appeal to the Grand Court on the grounds that the decision was made —
in bad faith;
without taking into account relevant considerations;
taking into account irrelevant considerations;
on the basis of a view of fact or law that could not reasonably be entertained.
On receipt of a complaint the Director shall, within thirty days, notify the employer or the employee, as the case may be, and give him a copy of the complaint and of any documents filed in support thereof, inviting a response in writing.
Where there are filed at or about the same time a number of complaints raising substantially the same issue the Director may consolidate them into a joint complaint.
The Director may forward the complaint and any response received as well as any documentation in support of either side to an authorised officer, who shall investigate and discuss the complaint with both sides and make an attempt to settle it amicably between the complainant and the respondent.
Where a settlement is reached, the authorised officer shall so record on the case file and return it to the Director who shall take or cause to be taken such steps as may be necessary to reduce the settlement to writing for signature by the parties.
Where due to failure or refusal of either party to submit to or agree on a settlement, or for any other cause, an authorised officer is unable to effect a settlement, he shall so note on the file of the case, indicating the attempts he has made to settle the matter and any other relevant information, and thereafter refer the matter back to the Director, who shall then refer the matter to the Employment Tribunal as soon as is reasonably practicable, but in any event within thirty days.
Within thirty days after receiving a case file from the Director, the Employment Tribunal shall fix a date for the hearing of the complaint and such date shall not be more than sixty days, or such other period of time as the Governor may by regulation prescribe, from the date when the case was received from the Director.
Failing conciliation attempts by an authorised officer to resolve a joint complaint and on its referral to the Employment Tribunal, the Tribunal may hear the joint complaint as a single proceeding or may, if it considers it necessary or expedient, sever the proceedings.
As soon as the date of the hearing has been fixed, it shall be notified forthwith to the parties, who shall be invited to attend.
If a party fails to attend the hearing and the Employment Tribunal is satisfied that notice was served and that there is no justification for that party's failure to attend, the Tribunal shall hear any other party attending and decide the matter on the basis of the complaint and any documents or written representations made by the parties, including those of the party failing to attend.
An Employment Tribunal shall give a reasoned decision in writing within sixty days of the conclusion of the hearing or such other period as the Governor may by regulation prescribe and a copy of the decision shall be made available to all parties to the dispute.
A reasoned decision can be made in summary form except —
when the Tribunal is of the view that the decision is likely to be appealed or have far-reaching ramifications in the field of employment;
where regulations made under subsection (14) specifically require that the particular type of decision be supported by a fully reasoned decision.
The Governor may by regulations prescribe that any class of cases involving fundamental human rights that may be enshrined in the Constitution shall require a fully reasoned decision.
The decision of an Employment Tribunal upon a complaint shall, subject to the right of appeal conferred by section 80, be final and binding between the parties.
With respect to the instituting of criminal proceedings, the provisions of this Law shall be construed as being in addition to and not in derogation of any other procedures provided under any law.

Defined Terms

complaintDirectorauthorised officerEmployment Tribunaljoint complaint

Cross References

Referenced By