Retrial of employment disputes originating from repealed laws
I had an employment dispute with my employer which I referred to the Labour Conciliation Board in accordance with the repealed labour laws. The Board decided the dispute in my favour and ordered the employer to pay me compensation for unfairly terminating me. The employer appealed the decision of the Board to the Minister who overturned the decision of the Board. The matter finally went up to the Court of Appeal which quashed the decision of the Board, the Minister and the High Court and ordered the dispute to be re-heard. Labour Conciliation does no longer exist. Where do I take my dispute for it to be reheard?
Paragraph 13(5) of the Third Schedule to the Employment and Labour Relations Act [Cap.366 R.E 2019], gives the Commission for Mediation and Arbitration power to mediate or arbitrate the disputes originating from the repealed labour laws. However, as per paragraph 13(1) of the Third Schedule to the Employment and Labour Relations Act, the rights of the parties in disputes arising from the repealed labour laws must be determined in accordance with the substantive provisions of the repealed labour laws. Only the procedure applicable at the Commission for Mediation and Arbitration is applied in mediating, hearing or re-hearing of the disputes arising from the repealed labour laws.
Therefore, the competent body to rehear your employment complaint that was formerly heard by the defunct Labour Conciliation Board is the Commission for Mediation and Arbitration and the rehearing shall be done according to the procedure applicable to the Commission though the reliefs shall be granted as per the repealed laws.