CHAPTER 269 - INDUSTRIAL AND LABOUR RELATIONS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Representative Body (Registration and Prescribed Forms) Regulations
Industrial Relations Court Rules
Trade Unions (Deduction of Subscriptions) Order
Trade Unions (Deduction of Subscriptions) (No. 2) Order
Industrial Relations Court (Arbitration and Mediation Procedure) Rules
Representative Bodies (Elections and Conduct of Ballot) Regulations
Industrial and Labour Relations (Deduction and Remittance of Subscription) Regulations
Industrial and Labour Relations (Fees) Regulations
[Section 109]
Arrangement of Regulations
Regulation
3. Establishment of voting points
4. Supervision of voting points
6. Distinguishing ballot boxes, etc.
10. Sealing of ballot boxes after voting
11. Voting at other voting points
12. Representative at counting of votes
[Regulations by the Minister]
SI 65 of 1991,
SI 80 of 2003.
These regulations may be cited as the Conduct of Ballot Regulations, and shall apply to every ballot conducted by a representative body.
[Reg 1 am by reg 2 of SI 80 of 2003.]
In these Regulations unless otherwise the context requires–
“representative body” means a trade union, a of trade unions, an employers’ organisations or any other representative registered under the Act.
[Reg 1A ins by reg 3 of SI 80 of 2003.]
Where a trade union, the Congress, association or the Federation is required to conduct a ballot it shall—
(a) not less than seventy-two hours before the ballot is held, notify the proper officer in writing specifying the matter to be determined and the day and the time when balloting shall take place;
(b) not less than twenty-four hours before the ballot is held, furnish to the proper officer a list of the persons who are eligible to vote in the ballot together with such other particulars concerning such persons as the proper officer may require;
(c) on the request of the proper officer, furnish him with such evidence, as he may require by affidavit or otherwise, as he may require as to the eligibility to vote of all or any of the persons referred to in paragraph (b);
[Reg 2(c) am by reg 4 of SI 80 of 2003.]
(d) before the ballot is conducted, give adequate notice of such intention to its members:
Provided that in the case of a strike ballot or lockout ballot not less than 48 hours notice shall be given to the members before such ballot is conducted.
3. Establishment of voting points
The proper officer in consultation with a trade union, the Congress, association or the Federation, as the case may be, shall appoint a place or places at which the voting point shall be established.
4. Supervision of voting points
Every voting point shall throughout the period of voting be supervised by a proper officer who shall keep order thereat, and shall regulate the number of voters to be admitted to such point at any one time.
If the proper officer so directs the representative body shall, not less than one hour before the voting is held, provide, to the satisfaction of the proper officer, enclosed voting booths and, chairs and tables in such numbers as may be necessary.
[Reg 5 subs by reg 5 of SI 80 of 2003.]
6. Distinguishing ballot boxes, etc.
For the purpose of enabling voters to cast their votes for or against the proposal to be determined by the ballot, the proper officer shall—
(a) determine the number of ballot boxes to be put in voting booth;
(b) ensure that each ballot box is clearly distinguished from the other, by colour or by a mark affixed to it;
(c) affix notice at the entrance to each voting booth stating the proposal to be determined by the booth;
(d) take such steps as may seem to him necessary to explain to voters the purpose and method of voting.
Each ballot box shall be constructed in such a manner that the balloting tokens can be freely introduced therein but cannot be withdrawn therefrom without the box being unlocked, cut or broken open.
(1) Immediately before a ballot is held, the presiding officer shall show each ballot box empty to—
(a) any representative of a representative body or a candidate who may be present and who has previously made his presence known to the proper officer;
[Reg 8(1)(a) am by reg 7 of SI 80 of 2003.]
(b) such other persons as may be present.
(2) The proper officer shall ensure that the ballot box is sealed in a manner that it cannot be opened without breaking the seal.
Every ballot shall be conducted in accordance with the following provisions, that is to say—
(a) every voter taking part in a ballot shall present himself to the proper officer at a voting point during the hours laid down for the taking of the ballot and shall before recording his vote, identify himself by the production of his membership card or otherwise, as the proper officer may direct:
[Reg 9(a) am by reg 8(a) of SI 80 of 2003.]
Provided that any direction given by the proper officer under this paragraph shall be in accordance with the constitution of the representative body concerned.
[Reg 9(a) proviso ins by reg 8(b) of SI 80 of 2003.]
(b) the proper officer shall mark off the name or number of each voter on the list provided under paragraph (b) of regulation 2;
(c) the proper officer shall then deliver to the voter a token marked with an official mark in such form as the proper officer may direct and any token not so marked shall be void and shall not be counted;
(d) the voter shall then—
(i) enter the balloting booth alone;
(ii) record his vote by placing the token in the ballot box or boxes as the case may be, provided therein; and
(iii) leave the balloting booth without delay.
10. Sealing of ballot boxes after voting
As soon as practicable after the close of each day of voting, the proper officer shall at each voting point seal each ballot box, and all the ballot boxes together shall be locked by him in such place as he may provide for the purpose.
11. Voting at other voting points
Any person otherwise eligible to vote at any voting point who, at the time of voting, finds himself at another voting point may cast his vote at that point:
Provided that—
(a) he can satisfactorily identify himself to the proper officer at the voting point where he wishes to cast his vote, and
(b) he is in possession of a letter from a responsible official of the trade union, Congress association or Federation as the case may be, stating that he is eligible to vote in the ballot; or
(c) any proper officer at the voting point where such person wishes to cast his vote has been advised by telegram or otherwise in terms similar to those specified under paragraph (b).
12. Representative at counting of votes
The trade union, Congress, association or Federation may appoint no more than three representatives to attend at the counting of votes after the ballot has been closed.
(1) Except in the case of a ballot conducted at more than one voting point, the proper officer at each voting point shall, as soon as practicable after the close of voting, count the votes and record the result of the ballot in the presence of representatives referred to under regulation 12 and the result so recorded shall be published in such a manner as the proper officer may direct.
(2) Where a ballot is conducted at more than one voting point the ballot figures for all voting points shall be added together so as to record the total results of the ballot and the result shall be published in such manner as the Labour Commissioner may direct.
REPRESENTATIVE BODY (REGISTRATION AND PRESCRIBED FORMS) REGULATIONS
[Section 112]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Regulations
Regulation
3. Registration as representative
3A. Payment of Registration fee
4. Essential service certificate
[Regulations by the Minister]
SI 73 of 1994,
SI 55 of 1999,
SI 79 of 2003.
These Regulations may be cited as the Representative Body (Registration and Prescribed Forms) Regulations.
In these Regulations unless the context otherwise requires—
“representative body” means a trade union, federation of unions, an employers’ organisation and a federation of employers’ organisations or any other representative body registered under the Act.
[Subs by reg 2 of SI 55 of 1999.]
3. Registration as representative
An application for registration as a representative body, shall be in Form 1 set out in the Schedule.
3A. Payment of Registration fee
Subject to the provisions of the Act, a certificate of registration shall be issued upon payment of a registration fee of—
(a) two thousand seven hundred and seventy-eight fee units in the case of a trade union;
(b) two thousand seven hundred and twelve fee units in the case of an employers’ organisation; or
(c) eleven thousand one hundred and twelve fee units in the case of a federation of employers’ organisation.
[Subs by reg 2 of SI 79 of 2003.]
4. Essential service certificate
An employee engaged or employed in an essential service as provided for under section 107 of the Industrial and Labour Relations Act, shall be issued with an essential service certificate by his employer in Form 7 set out in the Schedule.
The forms set out in the Schedule to these Regulations are hereby prescribed for the purpose mentioned in each form.
Form 1
PRESCRIBED FORMS
[Regulation 3]
APPLICATION FOR REGISTRATION OF REPRESENTATIVE BODY
1. This application is made by—
(a) not less than fifty supporting employees in the case of a trade union;
(b) in the case of an employers’ organisation not less than five members or such lesser number as the commissioner may accept;
(c) in the case of a federation of trade unions or a federation of employers’ organisations, not less than two registered trade unions or registered employers organisations, respectively.
[Form 1 para 1 subs by reg 4 of SI 55 of 1999.]
2. The representative body shall be registered in the name of ....................................................................................................... as set out in rule No. ................................. of the constitution of the representative body.
3. To the best of our belief, there is no other existing representative body registered in the name identical to or so nearly resembles the names of this representative body, so as to cause confusion to its members and the public at large.
4. The representative body was established on the ........................................................... day of ..................................................... in the year......................................................,by a resolution of the general meeting of the said representative body and an authenticated copy of such a resolution is hereby attached to this application.
5. The registered office of the representative body to which all communications and notices may be addressed is at as set out in rule No. ...................................................................... of the constitution of the representative body.
6. The objects for which the representative body is established, and the class or classes or category or categories of employees or employers as the case may be which the representative body shall represent is set out in rule No. ................................. of the constitution of the representative body.
7. The provision for the organisational structure of the representative body, the mode of appointment and removal of officers responsible for the administration of the representative body and the powers and duties of such officers are set out in rule No. ....................... of the constitution of the representative body.
8. The purpose to which the funds of the representative body may be applied are set out in rule No. .......................................... of the constitution of the representative body.
9. The provision for the payment of subscriptions and fees by the members and the methods of collection thereof are set out in rule No. ............................... of the constitution of the representative body.
10. The provision for the vesting and safe custody of the funds and property of the representative body, and the banking and investment of the funds, maintenance, inspection and periodical auditing of its accounts and other financial records are set out in rule No. ............................... of the constitution of the representative body.
11. The provisions for disqualification of a member from voting on any matter concerning the representative body or from election or appointment to any office in the representative body of an office holder who has the function of dealing with the funds or to any office in the representative body or its organs are set out in rule No. ......................... of the constitution of the representative body.
12. The provision for election of officers within six months after registration of the representative body, and thereafter at regular intervals of not more than four years are set out in rule No. .......................... of the constitution of the representative body.
13. The provision for ensuring that all categories of members of the representative body are adequately and effectively represented on all the organs of the representative body are provided for in rule No. ........................... of the constitution of the representative body.
14. The provision for the manner of dissolving the representative body are set out in rule No..........of the constitution of the representative body.
15. The provision for ensuring the secrecy of any ballot regarding the taking of decisions—
(a) for the election of delegates, trustees or other officers;
(b) affiliation or disaffiliation to national or international organisations;
(c) on any proposal to dissolve the representative body or to reconstitute it so as to split it into two or more representative bodies;
(d) on any proposal to amalgamate it with one or more representative bodies, are set out in rule No..........of the constitution of the representative body.
16. The procedure for amending or altering the constitution of the representative body is provided for in rule No. ........................... of the constitution of the representative body.
17. The provision for safe-guarding the rights of individual members to a reasonable opportunity to vote in all matters concerning the representative body or to stand for any position in the representative body are set out in rule No. ...................... of the constitution of the representative body.
18. Accompanying this application are two copies of the constitution authenticated by duly authorised officers of the representative body.
19. The names and titles of officers of the representative body (including trustees) are as follows—
Name
Address
Designation
(a)..........................................
.......................................
(b).........................................
.......................................
.......................................
(c)..........................................
.......................................
.......................................
(d)..........................................
.......................................
.......................................
(e)..........................................
.......................................
.......................................
(f)..........................................
.......................................
.......................................
(g)..........................................
.......................................
.......................................
(h)..........................................
.......................................
.......................................
(i)...........................................
.......................................
.......................................
(j)...........................................
.......................................
.......................................
(k).........................................
.......................................
....................................... 20. We, the undersigned, have been duly authorised by the representative body to make this application on its behalf. (The number required to make this application should be as indicated in paragraph (1).
Form 2
[Regulation 5]
CERTIFICATE OF REGISTRATION No.
IT IS HEREBY CERTIFIED that the whose registered office is situated at has been duly registered under the Industrial and Labour Relations Act, 1993, as a representative body for this ................................................ day of ................................................, the year .............. Signed:
Name:............................
Commissioner.........................................
Form 3
[Regulation 5]
APPLICATION FOR REGISTRATION OF ALTERATION OR ADDITION TO THE REPRESENTATIVE BODY'S CONSTITUTION
Name of Representative Body..........................................
Certificate of Registration No..............................................
Registration office situated at.................................................
1. This application for the registration or alteration or addition to the constitution of the above named representative body is made by—
(a) seven members in case of trade union; or
(b) four members in case of employer's association, whose names are subscribed at the foot hereof including the executive officers.
2. The applicants have been duly authorised to make this application on behalf of the said representative body, such authority consisting of a resolution passed at a general meeting held on the ............................................... day of .................................................... in the year .........................................
3. With this application are sent—
(a) a copy of the resolution or other authority authorising the alteration or addition to the constitution and signed by each of the applicants with their name and designation against each signature;
(b) two copies of the previous registered constitution amended or underlined in red showing where and in what manner alterations or addition have been made.
4. We, the persons whose names, signatures and designations are subscribed at the foot hereof, have made this application on behalf of the said representative body satisfied that the rules of the constitution were duly complied with.
Name
Signature
Designation
1.
2.
3.
4.
5.
6.
7.
Form 4
[Regulation 5]
REQUEST TO CANCEL CERTIFICATE OF REGISTRATION
Name of the Registration Body..................................................................................................................
Certificate of Registration No....................................................................................................................
To: THE COMMISSIONER
1. The above-named representative body desires that its certificate of registration under the Industrial and Labour Relations Act, 1993 may be cancelled on the following grounds:
(State reasons for desiring cancellation of the certificate of registration)......................................................................................
........................................................................................................................................................................................................
.........................................................................................................................................................................................................
2. (1) The request is duly made following a general meeting on .................................... day of ............................................ 20......... during which it was resolved as follows:
"that the trustees be authorised to request the commissioner to cancel the certificate of registration of this representative body"
(2) If not at the general meeting, state in what manner the request has been determined:
3. This request is made on behalf of the representative body accordingly.
Name
Designation
Signature
1.
2.
3.
4.
5.
6.
7.
Note: Seven officers are required in case of trade unions whilst four officers are required for employer's associations.
Registered Office..................................................................................
Name and address to which communications are to be sent........................................................
Form 5
[Regulation 5]
To: The Commissioner P.O. Box 32186 Lusaka
I/We............................................................................................................ (name and address of employer) carrying on the business of ..............................................at and employing ....................................................................... eligible employees, do hereby apply for registration as an employer under section 63 of the Act.
Dated the day of........................................................... 20.............
Signature.....................................................
Designation:.................................................
Form 6
[Regulation 5]
CERTIFICATE OF REGISTRATION
IT IS HEREBY CERTIFIED that (name and address of employer).................................................................... carrying on the business of................................................... is registered as an employer under section 63 of the Act.
Dated the ................................................ day of ....................................... 20............
Signature:...............................................
Name: ...............................................
Commissioner................................................
Form 7
[Regulation 5]
ESSENTIAL SERVICE CERTIFICATE
Name and address of employer...........................................................
Name of employee:.................................................................................
Employee's National Registration Card No...................................................
Capacity in which employed..............................................................................
This is to certify that the employee mentioned herein is employed in an essential service (specify it here)
.......................................................................................................................................................................
........................................................................................................................................................................
Dated this ...................................................... day of ......................................... 20..........
Signed: ................................................................
Signed:...........................................................
Name: ....................................................................
Name: ...........................................................
(Employee).......................................... ..................
(Employer).......................................................
Note: This certificate must be prepared in duplicate and one copy to be handed to the employee and the other copy to be retained by the employer.
INDUSTRIAL RELATIONS COURT RULES
[Sections 10, 37, 99, 101 and 108]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Rules
Rule
PART I
PRELIMINARY
PART II
APPLICATIONS TO THE COURT
5. Serving of notice of application
PART III
COMPLAINTS TO THE COURT
10. Service of notice of complaint
PART IV
APPEALS TO THE COURT
16. Service of notice of appeal
PART V
REFERENCE OF A COLLECTIVE DISPUTE TO THE COURT
21. Reference of a collective dispute to the Court
23. Date and place for giving directions
24. Statement of claim and answer
25. Further and better particulars
PART VI
REFERENCE UNDER SECTION 28 (4) OF A DISPUTE BETWEEN TRADE UNIONS
28. Reference under section 28 (4)
PART VII
GENERAL PROVISIONS APPLYING TO ALL PROCEEDINGS
31. Time and place of proceedings
33. Interlocutory applications
35. Appeal from interlocutory orders
37. Court's power to give direction
39. Notice to admit documents and facts
43. Drawing up and enforcement of orders
47. Extension or abridgment of time
48. Non-compliance with, and waiver of, rules
PART VIII
MISCELLANEOUS
50. Committal for contempt of Court
55. Power of the Court not limited by these Rules
59. Orders to be enforced as a decree
PART IX
EVIDENCE AND PROCEDURE IN THE COURT
64. Oral evidence and affidavit
67. Party to supply list of books, etc.
PART X
FILING OF APPLICATIONS, APPEALS, COMPLAINTS, REFERENCES, STATEMENTS OF CLAIM, ANSWERS AND OTHER DOCUMENTS
70. Registrar to scrutinise before filing
PART XI
VACANCY, SITTINGS, VACATION AND SEAL
72. Chairman may fill vacancy occurring during hearing
74. Working days and office hours
PART XII
REGISTRAR OF THE COURT
77. Applications to the Registrar
PART XIII
WITNESSES' AND ASSESSORS' ALLOWANCES
PART XIV
COURT FEES
82. Fees payable by cash, cheques, etc.
87. Refund of value in certain cases
[Rules by the Chairman]
SI 206 of 1974,
SI 157 of 1995,
SI 34 of 1996.
PART I
PRELIMINARY
These Rules may be cited as the Industrial Relations Court Rules.[These Rules made under the repealed Act are continued in operation by section 15 of the Interpretation and General Provisions Act.]*
In these Rules, unless the context otherwise requires—
"Act" means the Industrial Relations Act;
"Registrar" means the Registrar of the Court and includes any officer of the Court authorised by the Chairman to perform the functions of the Registrar;
"Court" means the Industrial Relations Court established under section 96;
"Judge" means the Chairman or the Deputy Chairman;
"Part" means a Part of these Rules;
"seal" means any device capable of making an imprint, whether embossed or otherwise, on paper.
PART II
APPLICATIONS TO THE COURT
This Part applies to applications to the Court under section 17 (injunction against an officer of a trade union); section 44 (injunction against an officer of an association);
section 74 (3) (determination of alleged contravention of written laws or infringement of collective agreements, works agreements or works rules);
section 88 (interpretation of any clause in a collective agreement);
section 99 (1) (declaration by the Court); and
section 102 (Court to resolve ambiguities in collective agreements, its awards and decisions).
An application to which this Part applies shall be made by serving on the Court notice in writing in, or substantially in accordance with, the appropriate form in Part A of the Schedule.
5. Serving of notice of applications
On receipt of a notice under rule 4, the Registrar shall register the notice in the Court register and endorse the registration number thereon and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the applicant and serve a sealed copy thereof on any other person considered by the Court to be a proper party to the proceedings, and every such person shall be a respondent to the application.
(1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which an answer to the application must be delivered.
(2) A respondent who desires to oppose the application shall, within the time appointed under sub-rule (1), deliver to the Court an answer in, or substantially in accordance with, Form IRC 7 contained in Part A of the Schedule, setting out his answer and the Registrar shall serve a copy of such answer on every party to the proceedings.
(1) If all parties to the proceedings have concurred in, or consented to, the application, or if no answer is delivered under rule 6 (2), the Court may, if it thinks fit, deal with the application without a hearing.
(2) Except where the Court deals with the application under sub-rule (1), the Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing the application and shall notify every party of the date appointed by the Court by which any interlocutory application may be made.
(3) The Court may, if it thinks fit, deal with an application to which this Part relates without an oral hearing notwithstanding that the application is opposed, but the Court shall not do so unless—
(a) all parties to the proceedings consent; or
(b) any party desiring an oral hearing has been given an opportunity of applying to the Court for such hearing and the Court is satisfied that no injustice can be caused if the application is dealt with without an oral hearing.
PART III
COMPLAINTS TO THE COURT
This Part applies to complaints presented to the Court under-section 114 (2) (complaint of discrimination in employment); section 120 (1) (complaint in respect of irregularities in election).
A complaint to which this Part applies shall be presented by serving on the Court notice in writing in, or substantially in accordance with, the appropriate form in Part B of the Schedule.
10. Service of notice of complaint
On receipt of a notice under rule 9, the Registrar shall register the notice in the Court register and endorse the registration number thereon and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the complainant and serve a sealed copy thereof on any person from whom any relief is claimed (and on any other person considered by the Court to be a proper party to the proceedings), and every such person shall be a respondent to the complaint.
(1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which an answer to the complaint must be delivered.
(2) A respondent who desires to answer a complaint shall, within the time appointed under sub-rule (1), deliver to the Court an answer in, or substantially in accordance with, Form IRC 10 contained in Part B of the Schedule, setting out his answer to the complaint, and the Registrar shall serve a copy of such answer on every other party to the proceedings.
The Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing the complaint, and shall notify every such party of the date appointed by the Court by which any interlocutory application may be made.
PART IV
APPEALS TO THE COURT
This Part applies to appeals under—
section 10 (1) (appeal from the decision of the Commissioner);
section 28 (3) (appeal from decision on disputes between trade unions);
section 37 (1) (appeal from the decision of the Commissioner);
section 59 (4) (appeal from the decision of a trade union);
section 73 (4) (appeal from decision of the Board of Review).
An appeal to which this Part applies shall be instituted by serving on the Court, within the time allowed under rule 15, notice in writing in, or substantially in accordance with, the appropriate form in Part C of the Schedule, together with a copy of the refusal, decision or cancellation, as the case may be, against which the appeal is lodged.
A notice under rule 14 shall be served within thirty days of the date of the notification to the appellant of the refusal, decision or cancellation, as the case may be, against which the appeal is lodged.
16. Service of notice of appeal
On receipt of a notice under rule 14, the Registrar shall register the notice in the Court register and endorse the registration number thereon and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the appellant and serve a sealed copy thereof on every person who, in accordance with rule 17, is a respondent to the appeal.
The respondents to an appeal shall be—
(a) in the case of an appeal under section 10 (1) or 37 (1), the Commissioner;
(b) in the case of an appeal under section 28 (3), the Congress;
(c) in the case of an appeal under section 59 (4), the trade union in question; and
(d) in the case of an appeal under section 73 (4), parties to the proceedings before the Board of Review, other than the appellant.
(1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which any answer under sub-rule (2) shall be delivered.
(2) Subject to sub-rule (3), a respondent who wishes to resist an appeal shall within the time appointed under sub-rule (1) deliver to the Court an answer in, or substantially in accordance with, Form IRC 16 contained in Part C of the Schedule, setting out the grounds on which he relies, and the Registrar shall serve a copy of such answer on every other party to the proceedings.
(3) A respondent who wishes to cross-appeal may do so by including in an answer delivered under sub-rule (2) a statement of the grounds of his cross-appeal.
The Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing an appeal, and shall notify every such party of the date appointed by the Court within which any interlocutory application may be made.
PART V
REFERENCE OF A COLLECTIVE DISPUTE TO THE COURT
This Part applies to a reference of a collective dispute made to the Court by the Minister.
21. Reference of a collective dispute to the Court
(1) A reference of a collective dispute made to the Court by the Minister under the provisions of section 93 (3) shall be made in writing in, or substantially in accordance with, Form IRC 17 contained in Part D of the Schedule.
(2) A reference of a collective dispute made to the Court by the Minister under the provisions of section 95 (1) shall be made in writing in, or substantially in accordance with, Form IRC 18 contained in Part D of the Schedule.
(3) A reference of a collective dispute shall be accompanied by a notification in writing in, or substantially in accordance with, Form IRC 19 contained in Part D of the Schedule, stating the details of the issues in the collective dispute.
When a reference of a collective dispute is made to the Court by the Minister, the Court shall take cognizance of the dispute and register the dispute in the Court register.
23. Date and place for giving directions
The Court shall notify the parties to a collective dispute referred to the Court of the registration number of such dispute and shall fix the date and place for giving directions as to the further conduct of the dispute.
{mprestriction ids="2,3,5"}
24. Statement of claim and answer
Each party to a collective dispute referred to the Court shall, within such period as the Court may direct, being not less than seven days after the date of such direction, present to the Court—
(a) in the case of the claimant, a statement of claim in writing in, or substantially in accordance with, Form IRC 20 contained in Part D of the Schedule, setting out—
(i) the nature and full particulars of each item of the claim or demand involved in the dispute and as stated in the terms of reference to the Court;
(ii) the class or classes of workers to whom the dispute relates; and
(iii) such submissions as the claimant party may wish to make in support of its claim;
(b) in the case of the respondent, an answer in, or substantially in accordance with, Form IRC 21 contained in Part D of the Schedule, setting out—
(i) such answer as it may wish to give to the items of the claim of demand raised in the statement of claim;
(ii) an admission of such submissions set out in the statement of claim as the respondent admits, and a denial of such submissions as the respondent does not admit; and
(iii) any submissions which the respondent may wish to make in support of its answer; and shall at the same time supply to the other party a copy of such answer.
25. Further and better particulars
Where the Court considers that either the statement of claim or the answer does not set out adequately the particulars required by the Court or for any other reason the Court requires clarification or amplification of any submission by a party, the Court may require the party to provide such further details as it may consider necessary within such period as it may determine, and the party so required shall provide to the Court and the other party to the dispute such clarification and amplification as is required.
(1) Each party shall notify the Court when submitting the statement of claim or answer, as the case may be, of any witnesses he proposes to call and shall at the same time notify the other party to the dispute, but a party may call further witnesses with the leave of the Court.
(2) The Court shall notify the parties of the date and place of the hearing of the dispute.
An award shall be communicated to the parties to a dispute in such manner as the Court may deem fit.
PART VI
REFERENCE UNDER SECTION 28(4) OF A DISPUTE BETWEEN TRADE UNIONS
28. Reference under section 28(4)
A reference to the Court under section 28(4) of the Act of a dispute between trade unions shall be made in writing in, or substantially in accordance with, Form IRC 22 contained in Part D of the Schedule.
When a reference of a dispute is made to the Court under rule 28, the Court shall take cognizance of the dispute and register the dispute in the Court register, and the provisions of rule 23 shall apply mutatis mutandis to such reference.
PART VII
GENERAL PROVISIONS APPLYING TO ALL PROCEEDINGS
This Part applies to all proceedings before the Court.
31. Time and place of proceedings
Any proceedings before the Court may be dealt with at such time and place as the Court may from time to time direct.
The Court may, on the application of any person or of its own motion, direct that any person not already a party to proceedings be added as a party, or that any party to proceedings shall cease to be a party, and in either case may give such consequential directions as it considers necessary.
33. Interlocutory applications
(1) Without prejudice to rule 36, an interlocutory application may be made by giving notice in writing to the Court, specifying the directions or order sought.
(2) On receipt of a notice under sub-rule (1), the Registrar shall serve a copy thereof on every other party to the proceedings who appears to him to be concerned in the matter to which the notice relates and shall notify the applicant and every such other party of the arrangements made by the Court for dealing with the application.
A single Judge of the Court may exercise any powers vested in the Court not involving the final determination of a dispute or other matter, hereafter referred to as an interlocutory matter.
35. Appeal from interlocutory orders
(1) Where an interlocutory order is made by a Judge in pursuance of rule 34, any party aggrieved by the order may appeal to the Court.
(2) Notice of appeal under sub-rule (1) may be given to the Registrar, either orally or in writing, within three days of the order appealed from and the Registrar shall notify every other party who appears to him to be concerned in the appeal and shall inform every such party and the appellant of the arrangements made by the Court for dealing with the appeal.
(1) Where it appears to the Court that the future conduct of any proceedings would thereby be facilitated, the Court may (either of its own motion or on application) at any stage of the proceedings appoint a date for the giving of directions as to their future conduct and thereupon the following provisions of this rule shall apply.
(2) The Registrar shall give to every party to the proceedings notice of the date appointed under sub-rule (1) and any party applying for directions shall, if practicable, before that date give to the Court particulars of any directions applied for.
(3) The Registrar shall take such steps as may be practicable to inform every party of any directions applied for by any other party.
(4) On the date appointed under sub-rule (1), the Court shall consider any application for directions made by any party and any written representation relating thereto and shall give such directions as it thinks fit for the purpose of securing the just, expeditious and economical disposal of the proceedings, including, where appropriate, directions in pursuance of rule 46 for the purpose of ensuring that the parties are enabled to avail themselves of opportunities for conciliation.
(5) Without prejudice to the generality of sub-rule (4), the Court may give such directions as it thinks fit as to—
(a) the amendment of any notice, statement of claim, answer or other document;
(b) the giving of further and better particulars;
(c) the delivery of interrogatories;
(d) the admission of any facts or documents;
(e) the discovery or further discovery of any documents;
(f) the mode in which evidence is to be given at the hearing;
(g) the consolidation of the proceedings with any other proceedings pending before the Court; and
(h) the place and date of the hearing.
(6) An application for further directions, or for a variation of any directions already given, may be made in accordance with rule 33.
37. Court's power to give direction
Without prejudice to rule 36, the Court may, at any stage of the proceedings, of its own motion give any party to the proceedings directions as to any steps to be taken by him in relation thereto.
The Court may, on the application of any party, make, as an interim order, any order which under the Act it could make as a final order in the proceedings.
39. Notice to admit documents and facts
(1) Any party may, not less than fourteen days before the date fixed for the hearing, serve notice on any other party requiring him to admit (saving all just exceptions) the authenticity of any documents specified in the notice, and unless that other party, within seven days of service of the notice upon him, gives notice to the first party requiring the document to be proved at the hearing, he shall be deemed, unless the Court otherwise directs, to have admitted its authenticity.
(2) Any party may, not less than fourteen days before the date fixed for the hearing, give to any other party notice to admit, for the purpose of the proceedings, any facts specified in the notice, and the Court shall, in exercising its discretion as to making an order for costs or expenses under rule 44, take into consideration any unreasonable failure to admit, or delay in admitting, such facts.
A party to any proceedings may apply to the Court for an order directing any other party to make discovery or further discovery, either on oath or otherwise, of the documents relating to the proceedings which are or have been in his possession or power, and on the hearing of the application the Court may make such order, either generally or limited to certain classes of documents or to particular documents, as it thinks fit, including an order for the production or inspection of any documents.
(1) A party to any proceedings may apply to the Court for an order requiring any other party to answer interrogatories (or, as may be appropriate, a statement of facts), and the Court may give such directions as it thinks fit for the submission to the Court and service on any other party of the interrogatories or statement before the hearing of the application.
(2) A body corporate or an unincorporated association shall answer any interrogatories or statement of facts by its director, manager, secretary or other officer.
If a respondent to any proceedings fails to deliver an answer within the time appointed under these Rules, or if any party to proceedings fails to comply with an order or direction of the Court, the Court may order that he be debarred from taking any further part in those proceedings (except for the purpose of being heard on any application for discovery or recovery of documents, or the answering of interrogatories or a statement of facts, or the payment of costs or expenses by him), or may make such other order as the court thinks just.
43. Drawing up and enforcement of orders
Every order of the Court shall be drawn up by the Registrar and a copy, sealed with the seal of the Court, shall be served by the Registrar on every party to the proceedings to which it relates.
(1) Where it appears to the Court that any person has been guilty of unreasonable delay, or of taking improper, vexations or unnecessary steps in any proceedings, or of other unreasonable conduct, the Court may make an order for costs or expenses against him.
(2) Where an order is made under sub-rule (1), the Court may direct that the party against whom the order is made shall pay to any other party a lump sum by way of costs or expenses, or such proportion of the costs or expenses as may be just, and in the last mentioned case may itself assess the sum to be paid, or may direct that it be assessed by the Registrar, from whose decision an appeal shall lie to the Court.
(1) Any notice or other document required or authorised by these Rules to be served on, or delivered to, any person may be sent to him by post to his address for service or, where no address for service has been given, to his registered office, principal place of business or last known address, and any notice or other document required or authorised to be served on, or delivered to, the Court may be sent by post or delivered to the Registrar.
(2) A document served by post shall be assumed, in the absence of evidence to the contrary, to have been delivered in the normal course of post.
(3) The Court may inform itself in such manner as it thinks fit of the posting of any document by an officer of the Court.
(4) Any notice or other document required or authorised to be served on, or delivered to, an unincorporated body may be sent to its secretary, manager or other similar officer.
(5) The Court may direct that service of any document be dispensed with or be effected otherwise than in the manner prescribed by these Rules.
In exercising its powers under these Rules, the Court may, whether by adjourning any proceedings or otherwise, use its best endeavours to ensure that, in any case in which it appears to the Court that there is a reasonable prospect of agreement being reached between the parties, they are enabled to avail themselves of the services of conciliation officers or of other opportunities for conciliation.
47. Extension or abridgment of time
The time prescribed by these Rules or by order of the Court for doing any act may be extended (whether it has already expired or not) or abridged, and the date appointed for any purpose may be altered, by order of the Court.
48. Non-compliance with, and waiver of, rules
(1) Failure to comply with any requirements of these Rules shall not invalidate any proceedings unless the Court otherwise directs.
(2) The Court may, if it considers that to do so would lead to the more expeditious or economical disposal of any proceedings, or would otherwise be desirable in the interests of justice, dispense with the taking of any step required or authorised by these Rules, or may direct that any such step be taken in some manner other than that prescribed by these Rules.
(1) A hearing by the Court shall take place at such time and place as the presiding Judge may determine.
(2) The Court shall have the power to adjourn any proceedings from time to time and from place to place.
PART VIII
MISCELLANEOUS
50. Committal for contempt of Court
Where a person has been committed to prison for contempt of Court, a warrant in Form IRC 23 contained in Part E of the Schedule shall be issued by a Judge of the Court and shall be full authority to the officer in charge of a prison and to all other persons for carrying into effect the order of committal described in such warrant.
A warrant to apprehend a person under sub-section (1) of section 105 of the Act shall be in Form IRC 24 contained in Part E of the Schedule.
A warrant to detain a witness in custody under sub-section (2) of section 105 of the Act shall be in Form IRC 25 contained in Part E of the Schedule.
The Forms set out in Part F of the Schedule or forms substantially to the like effect with such variations as the circumstances of each case may require, shall be used for all matters to which they may be applicable.
The Court or any other person authorised in writing in that behalf may at any time prior to the final determination of a matter before the Court enter any building, factory, workshop or other place or premises whatsoever and inspect the same or any work or machinery or interrogate any person therein in respect of anything situated therein or any question relating to the matter.
55. Power of the Court not limited by these Rules
Nothing in these Rules shall be deemed to limit or otherwise affect the power of the Court to make such order as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.
If in any matter a party, witness or other person is unable to speak or understand the English language, the Court may direct a fit and proper person to attend and interpret the proceedings. Before so interpreting the Court may ask such person to swear an oath in the following terms:
"I swear that I will well and truly interpret and explanation make of all such matters and things as shall be required of me to the best of my skill and understanding. So help me God."
When a party is represented by a person other than a legal practitioner, he shall file an authority to represent the party in, or substantially in accordance with, Form IRC 27 contained in Part F of the Schedule.
All writs and mandatory process to be used, issued or awarded by the Court shall run and be in the name of the President, and shall be sealed with the seal of the Court.
59. Orders to be enforced as a decree
The process of the Court shall run throughout Zambia and an order of the Court shall be executed and enforced in like manner as if it were a judgment of the High Court.
(1) All proceedings, agreements or other documents filed in the Court shall save in the circumstances referred to in sub-rule (2) be on metric foolscap paper of good quality and shall be typewritten, mimeographed or printed in double spacing and shall be clear and easily legible. Only one side of the paper shall be used and a margin of not less than 4 cm shall be left on the left-hand side of each sheet.
(2) Where the nature of the document so requires, it may be reproduced by a photographic method.
(3) Any proceedings before the Court shall be paged consecutively and shall contain the following documents in the order in which they are hereinafter set out—
(a) a complete index of all documents in the case showing the pages at which they appear;
(b) all documents in the nature of pleadings in chronological order;
(c) copies of all affidavits and exhibits to be relied on by the parties;
(d) where the proceeding is an appeal from the decision of the Commissioner, a trade union or the Board of Review, a copy of the evidence and any other material placed before the Commissioner, the trade union or the Board of Review, as the case may be;
(e) such other documents, if any, as may be necessary for the proper determination of the proceedings.
PART IX
EVIDENCE AND PROCEDURE IN THE COURT
The Court may call upon the parties in such order as it may think fit to state their case.
The Court may accept, admit or call for any evidence at any stage of the proceedings and in any manner it thinks fit.
Unless the Court otherwise directs, a witness shall give his evidence on oath or solemn affirmation administered in accordance with the provisions of section 36 of the High Court Act.
64. Oral evidence and affidavit
A witness at any proceedings shall be examined viva voce but the Court may at any time order that any particular fact may be proved by affidavit.
An affidavit filed in the Court shall be in, or substantially in accordance with, Form IRC 26 contained in Part F of the Schedule.
Where statistical statements are to be filed as exhibits, on each statement shall be mentioned the following particulars:
(a) the source from which the figures have been compiled; and
(b) the name of the party submitting the exhibit.
67. Party to supply list of books, etc.
In every matter fixed for hearing, if a party intends to rely on a book, publication, law report, etc., it shall file with the Registrar and serve on all other parties not less than four days before the date of hearing a list of such books, publications, law reports, etc.
PART X
FILING OF APPLICATIONS, APPEALS, COMPLAINTS, REFERENCES, STATEMENTS OF CLAIM, ANSWERS AND OTHER DOCUMENTS
Every application, appeal, complaint, reference, statement of claim, answer or other document shall be filed in the office of the Registrar.
Wherever under these Rules, any application, appeal, complaint, reference, statement of claim, answer or other document is required to be filed with the Court, there shall also be filed eight copies of such document, but the Registrar may in any case order that a greater or lesser number of copies shall be filed.
70. Registrar to scrutinise before filing
Every application, appeal, complaint, reference, statement of claim, answer or other document to be filed with the Court shall be scrutinised by the Registrar and if it is in order shall be admitted to the file, entered in the register and given the case number. Every such document shall be sealed by the Registrar and shall thereupon be deemed to be issued.
If a document is not in order by reason of any formal defect, it shall be returned by the Registrar for rectification of the defect.
PART XI
VACANCY, SITTINGS, VACATION AND SEAL
72. Chairman may fill vacancy occurring during hearing
If at any time between the commencement of the hearing of any matter and its final determination any member of the Court hearing such matter dies or is unable through serious illness to continue to sit as a member of the Court, the Chairman may, if he is of the opinion that a new hearing would result in unwarranted delay or expense or would for any reason prejudice the parties or any of them, appoint another member of the Court to fill the vacancy.
The sittings of the Court shall be two in every year, the first sitting commencing on the 22nd day of January and terminating on the 31st day of May and the second sitting commencing on the 24th day of July and terminating on the 30th day of November:
Provided that the chairman may by statutory order alter the date of commencement or termination of a sitting of the Court.
74. Working days and office hours
(1) The offices of the Court shall be open on every day of the year except on Saturdays, Sundays, public holidays and such other days as the Chairman may direct.
(2) Subject to any order of the Chairman, the offices of the Court shall be open to the public on working days—
(a) during a sitting, from 0900 hours to 1200 hours and from 1400 hours to 1600 hours; and
(b) during vacation, from 0900 hours to 1200 hours.
(1) There shall be used in the Court such seal as the Chairman may direct.
(2) The seal of the Court shall be impressed upon every document required by the Act or the rules made there under or any other written law to be so sealed.
(3) The seal of the Court shall be kept in the custody of the Registrar.
PART XII
REGISTRAR OF THE COURT
The Registrar shall have the custody of the records of the Court and shall exercise such functions as are assigned to him under these Rules or as may be assigned to him by the Chairman or the Deputy Chairman.
77. Applications to the Registrar
Application in the following matters shall be made to the Registrar in writing in, or substantially in accordance with, the Form IRC 28 contained in Part F of the Schedule or a letter addressed to him—
(a) for certified copies of documents;
(b) for issue of summonses to witnesses in any matter filed in or referred to the Court;
(c) for inspection of documents filed in the Court;
(d) for withdrawal of matters filed in the Court before these are placed for hearing; and
(e) for return of exhibits.
PART XIII
WITNESSES' AND ASSESSORS' ALLOWANCES
A witness or an assessor, other than a public officer or a person having an interest in the proceedings for which he is summoned, who has duly attended at or for the proceedings at the instance of a party or the Court, shall be entitled to allowances, unless the Court or the Registrar shall for sufficient reason disallow the allowances of any such witness or assessor.
(1) The allowances of witnesses and assessors shall be as follows:
Minimum sum payable per day
Maximum sum payable per day
Class of person
Professional persons, owners directors or managers of business and expert witness or assessors
6.00
16.00
Clerks and artisans and persons of similar status
1.00
6.00
Peasant labourers and persons of similar status
0.30
1.50
(2) The above-mentioned allowances will be paid during the time for which a witness or assessor is necessarily detained and for the time reasonably occupied in travelling.
(3) No additional allowance will be paid merely because the witness or assessor attends in respect of more than one case on the same day.
(4) If in the opinion of the Registrar to whom a claim for allowance shall be submitted—
(a) a strict adherence to the scales mentioned in sub-rule (1) would result in hardship, he may in his discretion increase the amounts payable; or
(b) a reduction in any of the allowances provided for by this rule is justified in any particular case, he may in his discretion reduce or disallow the amounts payable.
(1) In addition to any sum to which a witness or assessor may be entitled under the last preceding rule, all witnesses and assessors provided for in rule 78 shall also be entitled to be reimbursed in respect of any expenses actually and reasonably incurred in travelling to and from the Court, and for necessary accommodation and subsistence.
(2) If in the opinion of the Registrar to whom a claim shall be submitted for the reimbursement of expenses, the sums expended and claimed exceed what is reasonable, he may in his discretion reduce or disallow the amounts payable.
(3) If any witness or assessor travels by his own motor vehicle or motor cycle he may claim travelling expenses at the rate of seven ngwee per kilometre and three ngwee per kilometre respectively.
PART XIV
COURT FEES
The fees specified in Part G of the Schedule shall be paid by the party at whose instance they are incurred, and may be afterwards recovered as cost of cause, if the Court so order. The Court or a Judge may, on account of the poverty of any party, or for other sufficient reasons, dispense, if it or he sees fit, with the payment of any fee.
82. Fees payable by cash, cheques etc.
The Court fees or any of the fees payable under these Rules shall be paid by cash, postal order or Bank Certified Cheque.
[Am by SI 157 of 1995.]
The document to be stamped shall be the document indicated in the third column of Part G of the Schedule. Such documents shall be stamped before presentation at the Registry and unless so stamped, such document shall not, except as aforesaid, be accepted.
Upon receipt of any such document, the Registrar shall forthwith cancel such revenue stamps by means of impressing with indelible ink partly upon each and every such stamp and partly upon the document to which they are affixed, the stamp of the Registry with the true date of such impression and by writing his initials across or within the impression in such manner that the stamps are clearly defaced.
A receipt shall be issued by the Court or any officer thereof in respect of fees paid.
[Am by SI 157 of 1995.]
The Registrar shall ensure that each and every document requiring to be stamped hereunder is sufficiently and properly stamped before accepting the same.
87. Refund of value in certain cases
(1) When any document not requiring to be stamped is inadvertently stamped or when stamps to a value in excess of those specified in Part G of the Schedule are inadvertently affixed or such document is not presented to or is not accepted for filing by the Court, the document may at the instance of the party by whom it was so stamped be cancelled and substituted by one bearing the correct value of stamps.
(2) Refunds to the value of the stamps affixed to any document cancelled under the provisions of sub-rule (1) may be made by the Registrar to the party responsible for the stamping thereof:
Provided that—
(i) the application is made to the Registrar within thirty days of the date of cancellation of such document; and
(ii) the application is accompanied by the cancelled document which shall be attached by the Registrar to the voucher in support of the refund and shall thenceforth be the property of the Government.
PART A
REPUBLIC OF ZAMBIA
IRC 1
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
NOTICE OF APPLICATION UNDER SECTION 17
[Rule 4]
1. This application is made by ..............................................................................(name and address of applicant)
2. Any communication for the applicant relating to this application may be sent to................................................................. (applicant's address for service, including telephone number, if any)
3. Name, designation and address of the officer of the trade union against whom the order is sought to be made and the name and address of the trade union ...........................................................................................................................(name, designation and address of that person)
..................................................................................................(name and address of the trade union)
4. The grounds on which the application is made are................................................................................................................................................... (here set out the facts and matters relied on in support of the application):
5. The applicant desires the Court to make the following order ...........................................................................................................................(here set out the other order desired):
Date: ............................................................
Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 2
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
NOTICE OF APPLICATION UNDER SECTION 44
[Rule 4]
1. This application is made by (name and address of the applicant)..................................................................................................................
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any)......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
3. Name, designation and address of the officer of the association against whom injunction is sought and the name and address of the association (name and address of the officer)............................................................................................................................................................. (name and address of the association).........................................................................................................................................................................
4. The grounds on which the application is made are (here set out the facts and matters relied on in support of the application):...........................................................................................................................................................................
5. The applicant desires the Court to make the following order (here set out the order desired):.............................................................................................................................................
Date: ........................................................... Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 3
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
NOTICE OF APPLICATION UNDER SECTION 74 (3)
[Rule 4]
1. This application is made by (name and address of the applicant)...................................................................................................................................................................................
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any).............................................................................................................................................................................................
3. The application relates to the employee of (name(s) and address(es) of employer(s) concerned)..................................................................................................................................................................................
4. This application relates to the following contravention or infringement (here specify the alleged contravention or infringement):..............................................................................................................................................................................
5. The grounds on which this application is made are (here summarise the facts and matters relied on in support of the application):.................................................................................................................................................................................
6. The applicant seeks the following relief (here specify the relief under section 74 sought by the applicant):.................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 4
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
NOTICE OF APPLICATION UNDER SECTION 88
[Rule 4]
1. This application is made by (name and address of the applicant)........................................................................................
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any)............................................................................................................................................
3. The applicant and.............................................................. (name(s) and address(es) of other (party) (parties) to the collective agreement to which this application relates) are parties to (here give particulars of the collective agreement):..........................................................................................................................................................................
4. The applicant desires the Court to interpret the meaning of the following provisions in the collective agreement (here give the provisions for which interpretation is sought):.........................................................................................................
5. The applicant encloses herewith his memorandum in support of his interpretation (enclose the memorandum).
Date: ............................................................Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 5
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
NOTICE OF APPLICATION UNDER SECTION 99 (1)
[Rule 4]
1. This application is made by (name and address of the applicant):..................................................................................................................
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any):.........................................................................................................................................
3. The name(s) and address(s) of (organisation(s) and (person(s)) concerned in this application are (name(s) and address(es) of proposes respondents).....................................................................................................................................
4. The grounds on which this application is made are (here summarise the facts and matters relied on in support of the application):....................................................................................................................................................................
5. The applicant desires the Court to make a declaration to the following effect (here set out the declaration applied for):..................................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 6
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
NOTICE OF APPLICATION UNDER SECTION 102
[Rule 4]
1. This application is made by (name and address of the applicant)...........................................................................
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any):...........................................................................................................................................
3. The applicant and ................................................................. (name(s) and address(es) of other party (parties) concerned in the collective agreement, Court's award or Court's decision to which the application relates) are parties to (here give particulars of the collective agreement, Court's award or decision, as the case may be):...............................................................................................................................................
4. The applicant desires the Court to resolve the following ambiguity (here set out in detail the alleged ambiguity specifying suggested amendment, if any, for resolving ambiguity):.................................................................................................
5. The grounds on which this application is made are (here summarise the facts and matters relied on in support of the application):.....................................................................................................................................................................
Date: ............................................................Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 7
INDUSTRIAL RELATIONS COURT
Application No..................................., 20..........
RESPONDENT'S ANSWER..............
[Rule 6 (20]
..............................................................................................................................................................................................................................
}
Applicant(s)
Versus
..............................................................................................................................................................................................................................
}
Respondents(s) May it please the Honorable Court.
The Respondent(s) above named beg(s) respectfully to submit his/their answer as under (herein set out in numbered paragraphs the Respondent's answer to the application):...................................................................................................................................................
Date: ............................................................ Signed: ......................................................
PART B
REPUBLIC OF ZAMBIA
IRC 8
INDUSTRIAL RELATIONS COURT
Complaint No.........................................., 20...........
NOTICE OF COMPLAINT UNDER SECTION 114 (2)
[Rule 9]
1. This complaint is presented by (name and address of the complainant)......................................................................
2. Any communication for the complaint relating to this complaint may be sent to(complainant's address for service, including telephone number, if any).............................................................................................................................................................................................
3. The name(s) and address(es) of the (employer(s)) against whom the complaint is made are (name(s) and address(es) of proposed respondent(s))....................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................................................................................
4. The grounds on which this complaint is presented are (here summarise the facts and matters relied on in support of the complaint, stating the date of alleged occurrence of the event giving rise to this complaint): .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
5. The complainant is seeking the following relief (here specify, in relation to each proposed respondent, the relief under section 114 (2) sought by the complainant):.................................................................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 9
INDUSTRIAL RELATIONS COURT
Complaint No.........................................., 20...........
NOTICE OF COMPLAINT UNDER SECTION 120 (1)
[Rule 9]
1. This complaint is presented by (name and address of complainant).............................................................................................................
2. Any communication for the complainant relating to this complaint may be sent to (complainant's address for service, including telephone number, if any).........................................................................................................................................................................................................
3. The representative body against which this complaint is made is (name and address of the Congress, Federation, trade union or association alleged to have conducted election in irregular manner):........................................................................
4. The grounds on which the complaint is presented are (here summarise the facts and matter relied on in support of the complaint stating the date of election in question):...................................................................................................................
...................................................................................................................................................................................................
The complainant is seeking the following relief (here specify the relief which is sought) .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 10
INDUSTRIAL RELATIONS COURT
Complaint No.........................................., 20...........
RESPONDENT'S ANSWER
[Rule 11 (2)]
..............................................................................................................................................................................................................................
}
Complainant(s)
Versus
..............................................................................................................................................................................................................................
}
Respondents(s) May it please the HonourableCourt.
The respondent(s) above named beg(s) respectfully to submit his/their answer as follows(herein set out in numbered paragraphs the Respondent's answer to the application): .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
PART C
REPUBLIC OF ZAMBIA
IRC 11
INDUSTRIAL RELATIONS COURT
Appeal No. ................................., 20..............
NOTICE OF APPEAL UNDER SECTION 10 (1)
[Rule 14]
1. The appellant is (name and address of appellant).......................................................................................................................................
2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any): ........................................................................................................................................................................................................................................................................................................................................................................................................
3. A copy of the *refusal/decision/cancellation by the Commissioner is attached hereto as Appendix A.
4. The *refusal/decision/cancellation by the Commissioner was notified to the appellant on (here state the date of notification): .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
5. The appellant appeals from the *refusal/decision/cancellation by the Commissioner mentioned in paragraph 3.
6. The appellant's grounds of appeal are (here state the grounds of appeal): .....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
[*Delete whichever is not applicable]
REPUBLIC OF ZAMBIA
IRC 12
INDUSTRIAL RELATIONS COURT
Appeal No. ................................., 20..............
NOTICE OF APPEAL UNDER SECTION 28 (3)
[Rule 14]
1. The appellant is (name and address of appellant) ........................................................................................................................................
2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any): ...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
3. A copy of the decision of the Congress is attached hereto as Appendix A.
4. The decision of the Congress was communicated to the appellant on (here state the date on which decision was communicated to the applicant): .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
5. The appellant appeals from the decision of the Congress mentioned in paragraph 3.
...........................................................................................................................................
............................................................................................................................................
6. The appellant's ground of appeal are (here state the grounds of appeal):
...........................................................................................................................................
............................................................................................................................................
7. The names and address of other trade unions in the dispute are (here state the names and addresses of the trade unions):
...........................................................................................................................................
............................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 13
INDUSTRIAL RELATIONS COURT
Appeal No. ................................., 20..............
NOTICE OF APPEAL UNDER SECTION 37 (1)
[Rule 14]
1. The appellant is (name and address of appellant)
...........................................................................................................................................
2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any):
...........................................................................................................................................
............................................................................................................................................
3. A copy of the *refusal/decision/cancellation by the Commissioner is attached hereto as Appendix A.
4. The appellant appeals from the *refusal/decision/cancellation by the Commissioner mentioned in paragraph 3.
...........................................................................................................................................
............................................................................................................................................
5. The appellant's grounds of appeal are (here state the grounds of appeal):
...........................................................................................................................................
............................................................................................................................................
6. The *refusal/decision/cancellation by the Commissioner was notified to the appellant on (here state the date of notification):
...........................................................................................................................................
............................................................................................................................................
Date: ............................................................ Signed: ......................................................
[*Delete whichever is not applicable]
REPUBLIC OF ZAMBIA
IRC 14
INDUSTRIAL RELATIONS COURT
Appeal No. ................................., 20..............
NOTICE OF APPEAL UNDER SECTION 59 (4)
[Rule 14]
1. The appellant is (name and address of appellant)
...........................................................................................................................................
2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any):
3. A copy of the decision of ................................................... (name of the trade union) not approving the nomination of the appellant as a candidate for .................................... (specify the election for membership of a council) and giving reasons therefor is attached hereto as Appendix A.
4. Any communication relating to this appeal may be sent to the trade union in question at (trade union's address for service, including telephone number, if any)
.......................................................................................................................................................................................................................................................................................................................................................................................................
5. The appellant appeals from the decision of the trade union mentioned in paragraph 3.
6. The appellant's grounds of appeal are (here state the grounds of appeal):
........................................................................................................................................................................................................................................................................................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 15
INDUSTRIAL RELATIONS COURT
Appeal No. ................................., 20..............
NOTICE OF APPEAL UNDER SECTION 73 (4)
[Rule 14]
1. The appellant is (name and address of the appellant):
...........................................................................................................................................
2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any):
...........................................................................................................................................
............................................................................................................................................
3. A copy of the decision of the Board of Review is attached hereto as Appendix A.
4. The appellant appeals from the decision of the Board of Review mentioned in paragraph 3.
5. The parties to the proceedings before the Board of Review, other than the appellant, were (names and addresses of other parties to proceedings resulting in a decision appealed from):
...........................................................................................................................................
............................................................................................................................................
6. The appellant's grounds of appeal are (here state the grounds of appeal):
...........................................................................................................................................
............................................................................................................................................
Date: ............................................................ Signed: ......................................................
REPUBLIC OF ZAMBIA
IRC 16
INDUSTRIAL RELATIONS COURT
Appeal No. ................................., 20..............
RESPONDENT'S ANSWER
[Rule 19 (2)]
Appellant(s).....................................................
........................................................................
Versus
Respondents(s).............................................
........................................................................
May it please the Honourable Court.
The Respondent(s) above named beg(s) respectfully to submit his/their answer as under.......................................................................................................................... (here set out in numbered paragraphs the Respondent's answer to the appeal)
Date: ............................................................ Signed: ......................................................
PART D
REPUBLIC OF ZAMBIA
IRC 17
INDUSTRIAL RELATIONS COURT
Reference No. ................................, 20...........
NOTICE OF REFERENCE OF A COLLECTIVE DISPUTE UNDER SECTION 93 (3)
[Rule 21]
1. I have received notice of a collective dispute between (here state names of the parties):
.......................................................................................................................................................................................................................................................................................................................................................................................................
2. WHEREAS the parties to the dispute are unable to reach a settlement thereof and have requested me to refer the dispute to the Court and the Commissioner has recommended to me that such request be acceded to:
NOW THEREFORE, in exercise of the powers contained in section 93 (3), I refer the said collective dispute to the Court.
3. Details of the issues in the collective dispute are as stated in Form IRC 19 attached hereto.
| Date: .............................................. | ............................................................................... |
|
Minister of Labour and Social Services |
REPUBLIC OF ZAMBIA
IRC 18
INDUSTRIAL RELATIONS COURT
Reference No. ................................, 20...........
NOTICE OF A REFERENCE OF A COLLECTIVE DISPUTE UNDER SECTION 95 (1)
[Rule 21]
1. I have received notice of a collective dispute between (here state the names of parties):
........................................................................................................................................................................................................................................................................................................................................................................................................
2. WHEREAS the parties to the dispute as well as the conciliator or the board of conciliation have failed to reach a settlement of the dispute:
NOW THEREFORE, in exercise of the powers contained in section 95 (1), I refer the said collective dispute to the Court.
3. Details of the issues in the collective disputes are as stated in Form IRC 19 attached hereto.
| Date: .............................................. | ............................................................................... |
|
Minister of Labour and Social Services |
REPUBLIC OF ZAMBIA
IRC 19
INDUSTRIAL RELATIONS COURT
Reference No. ................................, 20...........
NOTIFICATION OF ISSUES IN A COLLECTIVE DISPUTE UNDER SECTION 93 OR 95
[Rule 21]
1. The parties to the collective dispute are (here state the names of the parties):
.......................................................................................................................................................................................................................................................................................................................................................................................................
2. The issues in dispute between the parties are (here state in detail each claim or demand):
| ...............................................................................................................................................................................................................................................................................:......... Date.............................................. | ............................................................................... |
|
Minister of Labour and Social Services |
REPUBLIC OF ZAMBIA
IRC 20
INDUSTRIAL RELATIONS COURT
Reference No. ................................, 20...........
STATEMENT OF CLAIM
[Rule 24]
.................................................................................................................................
}
Claimant(s)
Versus
...................................................................................................................................
}
Respondents(s) May it please the Honourable Court.
The ............................................................................................................... abovenamed beg(s) respectfully to submit the statement of claim as follows................................................................................ (herein set out in numbered paragraphs the claims made and the grounds therefore):
Date:...............................................................................
Signature:........................................................................
REPUBLIC OF ZAMBIA
IRC 21
INDUSTRIAL RELATIONS COURT
Reference No. ................................, 20...........
ANSWER
[Rule 24]
.................................................................................................................................
}
Claimant(s)
Versus
...................................................................................................................................
}
Respondents(s) May it please the Honourable Court.
The Respondent(s) abovenamed beg(s) to submit his/their answer as follows............................................................................................................................................. (herein set out in numbered paragraphs the Respondent(s) answer to the statement of claim):
.....................................................................................................................................................
....................................................................................................................................................
Date: ....................................................................................
Signature:...............................................................................
REPUBLIC OF ZAMBIA
IRC 22
NOTICE OF A REFERENCE OF A DISPUTE UNDER SECTION 28 (4)
[Rule 28]
1. A dispute has arisen between us as to which of us shall have the exclusive right to represent (specify the class of employees)
........................................................................................................................................................................................................................................................................................................................................................................................................
2. The dispute was referred to the Congress for its decision thereon but the Congress has fialed to communicate its decision within thirty days after the dispute was referred to it.
3. NOW THEREFORE, in accordance with the provisions of section 28 (4) of the Industrial Relations Act, 1971, we hereby refer the dispute to the Court and request the Court to take cognizance thereof.
4. The addresses for service on us are as follows:
........................................................................................................................................................................................................................................................................................................................................................................................................
5. Details of the issues of the dispute are as stated in Appendix A attached hereto.
Date..............................................
Signed............................................................. (for Trade Union)
Date.....................................................................
Signed..................................................................... (for Trade Union)
PART E
REPUBLIC OF ZAMBIA
IRC 23
INDUSTRIAL RELATIONS COURT WARRANT OF COMMITTAL
[Rule 50]
To each and all Police Officers of Zambia, Officers of this Court and the Superintend—
ent/Officer in Charge of the Government Prison at.....................................................................
WHEREAS .......................................................... of ............................................................ was on the ........................................ day of ......................................., 20........, held to be in contempt of this Court and committed to prison for a period of..............................................
NOW THEREFORE You are commanded in the President's name to lodge the said .......................................... in the prison of ......................................................................... together with this warrant, in which prison the aforesaid order shall be carried into execution according to law and for this the present warrant shall be a sufficient authority to all whom it may concern.
Date ....................at ................... .the ................... day of ......................................, 20.........
Signature............................................................................................................................
Chairman/Deputy Chairman, Industrial Relations Court
REPUBLIC OF ZAMBIA
IRC 24
INDUSTRIAL RELATIONS COURT
WARRANT TO APPREHEND DEFAULTING WITNESS
[Rule 51]
(*)Application/Appeal/Complaint/Reference No. .............................................. of 20.................................................... }
Versus
........................................... }
WHEREAS.....................................................
was commanded to attend in person before this Court at on ......................................... day of ..................................., 20 ........., and subsequent days, to testify or to produce a book, document, record or other thing in the above cause; he has failed to attend or has failed to remain in attendance until duly excused by this Court and no sufficient reason for such failure seems to exist.
NOW THEREFORE You are hereby commanded in the name of the President to apprehend and to bring and have the said ........................................................................... before this Court at................................... on the ............................. day of ............................, 20......... Issued at .................................. .the ................................. day of ............................, 20.........
(Signature).......................................................................................
Chairman, Industrial Relations Court
[*Delete whichever is not applicable]
REPUBLIC OF ZAMBIA
IRC 25
INDUSTRIAL RELATIONS COURT
WARRANT TO DETAIN IN CUSTODY
[Rule 52]
(*)Application/Appeal/Complaint/Reference No................................................of 20.........
........................................... }
Versus
........................................... }
To each and all Police Officers in Zambia, the Officers of this Court, the Superintendent/Officer in Charge of the Government Prison at..............................................
WHEREAS ..................................................of ....................................................................had been summoned under section 104 of the Industrial Relations Act, 1971, and-
(a) has refused to be sworn or affirmed as a witness; or
(b) having been sworn or affirmed, has refused to answer fully and satisfactorily the question he was lawfully required to answer; or
(c) has refused or failed to produce a book, document, record or other thing;
and has not excused such refusal or failure to the satisfaction of this Court.
NOW THEREFORE YOU, the said Police Officers and the Officers of Court, are hereby commanded to convey the said .................................... to the said prison and there deliver the said....................................to the Superintendent/Officer in Charge thereof together with this warrant; and you, the Superintendent/Officer in Charge of the said prison are hereby commanded to receive the said .................................... into your custody and unless he/she sooner consents to do what is required of him/her until the ............................... day of ...................................., 20...., and on that day to convey him/her at ............................ hours before this Court to be further dealt with according to law, unless you, the said Superintendent/Officer in Charge, shall be otherwise ordered in the meantime.
Date ....................at ................... .the ................... day of ......................................, 20.........
(Signature)............................................................................
Chairman, Industrial Relations Court
[*Delete whichever is not applicable]
REPUBLIC OF ZAMBIA
IRC 26
INDUSTRIAL RELATIONS COURT
AFFIDAVIT (GENERAL FORM)
[Rule 65]
(*)Application/Appeal/Complaint/Reference No. .......................................... of 20.........
........................................... }
Versus
........................................... }
I, ....................................................................................., make oath and say as follows (herein set out, in numbered paragraphs, the facts deposed to):
...........................................................................................................................
...........................................................................................................................
Sworn by the said................................................ on the ......... day of,20.......
}
Before me: ........................................................................Commissioner for Oaths [*Delete whichever is not applicable]
PART F
REPUBLIC OF ZAMBIA
IRC 27
INDUSTRIAL RELATIONS COURT
AUTHORITY TO REPRESENT
[Rule 57]
*Application/Appeal/Complaint or Reference No. ........................................ of 20..........
I/We have appointed Mr. ............................................................................... to appear for me/us in the above matter. The address of the appointee Mr. ....................................................... is .........................................................................
Dated at .............................. this ............................... day of ............................., 20..........
Signed..............................................................................................................................................
[*Delete whichever is not applicable]
REPUBLIC OF ZAMBIA
IRC 28
INDUSTRIAL RELATIONS COURT
APPLICATION TO THE REGISTRAR (GENERAL FORM)
[Rule 77]
(Address)..................................................................
To:
THE REGISTRAR
INDUSTRIAL RELATIONS COURT P.O. BOX 4009
LUSAKA Dear Sir,
Application
Subject-Appeal No. .......................................... of 20..........
Complaint
Reference
Be pleased to supply the undersigned with a certified copy of ........................................ in the above matter.
Dated this ................................................................. .day of ............................................................................., 20..........
Yours faithfully,
Signature...................................................................................
(This form may be adopted with suitable alterations in making application under rule 77)
REPUBLIC OF ZAMBIA
IRC 29
INDUSTRIAL RELATIONS COURT
NOTICE (GENERAL FORM)
[Rule 53]
Reference No. ................................, 20...........
.................................................................................................................................
}
Claimant(s)
Versus
...................................................................................................................................
}
Respondents(s) PLEASE TAKE NOTICE that you are hereby required to file............................................................................................................... in the above matter on or before the................................................................................................ day of .................................., 20..........
By order of the Chairman...........................................................................
Registrar, Industrial Relations Court
REPUBLIC OF ZAMBIA
IRC 30
INDUSTRIAL RELATIONS COURT
SUMMONS TO A WITNESS
(Subpoena ad Testificandum)
[Rule 53]
*Application/Appeal/Complaint/Reference No. ................................................, 20.........
(General Title)
To:.............................................................................................................
You are commanded in the President's name to attend before the Industrial Relations Court at............................................. on the .................................................... day of.................., 20.........., at .................................... hours and so from day to day until the above cause is tried, to give evidence on behalf of..............................................................
WITNESS The Honourable..............................................Chairman of Industrial Relations Court
Dated the ................................................ day of ....................................................... in the year of Our Lord One Thousand Nine Hundred and ......................................................
[*Delete whichever is inapplicable]
REPUBLIC OF ZAMBIA
IRC 31
INDUSTRIAL RELATIONS COURT
SUBPOENA DUCES TECUM
[Rule 53]
*Application/Appeal/Complaint/Reference No. .............................................. of 20........
To:...................................................................................................
You are commanded in the President's name to attend before the Industrial Relations Court at........................................................... on the .................................................... day of.............., 20.........., at .................................... hours and so from day to day until the above cause is tried, to give evidence on behalf of and to produce at the time and place aforesaid.................................................
WITNESS the Honourable................................................................................Chairman of the Industrial Relations Court
Dated the .........................................day of ......................................... in the year of Our Lord One Thousand Nine Hundred and ................................................................................
[*Delete whichever is inapplicable]
REPUBLIC OF ZAMBIA
IRC 32
INDUSTRIAL RELATIONS COURT
NOTICE OF HEARING
[Rule 53]
*Application/Appeal/Complaint/Reference No. ................................................, 20.........
BETWEEN
........................................... }and
........................................... }
TAKE NOTICE that the above cause will be heard and determined by the Industrial Relations Court at .......... on the .......... day of .........., 20......, at .......... hours.
Dated the ................................................. day of ................................................, 20.........
Any interlocutory application in the above cause may be made on or before the................................................... day of .................................................., 20.........
Registrar.............................................................................................
[*Delete whichever is inapplicable]
REPUBLIC OF ZAMBIA
IRC 33
INDUSTRIAL RELATIONS COURT
ORDER OF COSTS
[Rule 53]
*Application/Appeal/Complaint/Reference No. ................................................. of 20.........
........................................... }
Versus
...........................................}
The Court doth hereby order that the abovenamed ......................................................... shall pay to the abovenamed ............................................................ the sum of K................ in respect of the costs in the above matter.
Dated this ............................................day of ..................................................., 20..........
Registrar.................................................Industrial Relations Court
[*Delete whichever is inapplicable]
REPUBLIC OF ZAMBIA
IRC 34
INDUSTRIAL RELATIONS COURT
ORDER (GENERAL FORM)
[Rule 53]
*Application/Appeal/Complaint/Reference No. ............................................ of 20..........
........................................... }..............................
versus
........................................... }.............................
UPON HEARING ......................................................... and
UPON READING the affidavit(s) of…………………………………………….
IT IS HEREBY ORDERED BY THE COURT THAT
Dated this ............................... day of.........................................................................., 20..........
Registrar....................................................Industrial Relations Court
[*Delete whichever is inapplicable]
PART G
FEES
[Rule 81]
[Part G am by rule 2 of SI 34 of 1996.]
TRADE UNIONS (DEDUCTION OF SUBSCRIPTIONS) ORDER
[Section 22]
Arrangements of Paragraphs
Paragraph
3. Deduction to be remitted to Congress and trade union
SI 115 of 1997.
This Order may be cited as the Trade Unions (Deductions of Subscriptions) Order, 1997.
The employer named in part I of the Schedule to this Order is hereby ordered to deduct one per centum per month from the wages of such employer’s eligible employees.
3. Deduction to be remitted to Congress and trade union
(1) The employer shall, at the end of the month–
(a) deduct and remit to the Congress 30 per centum of the total amount of the deductions made under paragraph 2; and
(b) remit to the trade union named in Part II of the Schedule to this Order, the balance remaining after the deduction in subparagraph (a).
(2) The deductions shall–
(a) be remitted not later than 14 days after the end of each month; and
(b) be accompanied by subscription forms bearing the names of the eligible employees, the amounts of deductions made from the wags employees and such other information as may be required.
[Paragraphs (2 and 3)]
PART I
UTH Management Board
P.O. Box 500001
Lusaka
PART II
Health and Allied Workers Union of Zambia
P.O. Box 500001
Lusaka
TRADE UNIONS (DEDUCTION OF SUBSCRIPTIONS) (NO. 2) ORDER
[Section 22]
Arrangements of Paragraphs
Paragraph
3. Deduction to be remitted to Congress and trade union
SI 138 of 1997.
This Order may be cited as the Trade Unions (Deduction of Subscriptions) (No. 2) Order, 1997.
The employer named in Part I of the Schedule to this Order is hereby ordered to deduct one per centum per month from the wages of such employer’s eligible employees.
3. Deduction to be remitted to Congress and trade union
(1) The employer shall, at the end of each month–
(a) deduct and remit to the Congress 30 per centum of the total amount of deductions made under paragraph 2; and
(b) remit to the trade union named in Part II of the Schedule to this Order, the balance remaining after deductions in sub-paragraph (a).
(2) The deductions shall–
(a) be remitted not later than 14 days after the end of each month; and
(b) be accompanied by subscription forms bearing the names of the eligible employees, the amounts of the deductions made from wages of the eligible employees and such other information as may be required.
[Paragraphs( 2 and 3)]
Zambia Revenue Authority
P.O. Box 35710Lusaka
Zambia Revenue Authority Workers Union
P.O. Box 35710Lusaka
INDUSTRIAL RELATIONS COURT (ARBITRATION AND MEDIATION PROCEDURE) RULES
[Section 96]
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangements of Rules
Rule
PART I
PRELIMINARY
PART II
REFERENCE TO ARBITRATION
3. Application for reference to arbitration
4. Court to grant order for reference
5. Parties to nominate arbitrators
6. Court to refer matter to arbitrators
7. Order of reference to direct compliance with Arbitration Act
8. Court to appoint arbitrator
10. Judge to order costs of suit
PART III
REFERENCE TO MEDIATION
12. Court to refer action to mediator at any stage of proceedings
13. Mediation officer to keep list of mediators
14. Mediation officer to handover to mediator record of suit, action or legal proceedings
15. Mediator to inform parties about time, date and venue of mediation
16. Party to appear in person or with legal practitioner
17. Mediator to read out to parties statement of understanding
18. Mediator not required to keep record of mediation
19. Statement made in mediation are confidential and privileged
20. Mediator not to communicate with trial judge
21. Mediator to return record to mediation officer with report
23. Mediation to return case record
24. Procedure on failure of mediation
25. Court not to set aside judgement or order except on sufficient cause
26. Mediator may postpone or adjourn mediation hearing
27. No appeal against mediated settlement
28. Parties to pay mediation fee
29. Failure to pay mediation fee
SI 26 of 2002,
SI 98 of 2007.
PART I
PRELIMINARY
These Rules may be cited as the Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002.
In these Rules unless the context otherwise requires–
“Act” means the Industrial and Labour Relations Act;
“arbitration” means a process by which parties to a dispute present their cases by the use of evidence to a neutral third party called arbitrator, who renders a decision which is binding on the parties enforceable;
“Court” means the Industrial Relations Court established under section 96 of the Act;
“Judge” means the Chairman or the Deputy Chairman of the Court;
“mediation” means a process by which a neutral third party called a mediator assists parties to a dispute reach a voluntary settlement of their differences through a binding and enforceable agreement;
“mediation officer” means the Registrar or Deputy Registrar of the Court or any officer of the Court authorised by the Chairman or any officer of the Court authorised by the Chairman to perform the Functions of the Registrar;
“party” means an applicant, complainant or respondent to a suit;
“Registrar” means the Registrar or Deputy Registrar of the Court and includes any Officer of the Court authorised by the Chairman to perform the functions of the Registrar; an
“suit” means an action, Legal proceedings or other original proceedings before the Court between parties commenced by Notice of Complaint or any such other manner as may be provided For by or under the Rules of the Court.
PART II
REFERENCE TO ARBITRATION
3. Application for reference to arbitration
Where parties to a suit are of the opinion that the matter in issue in the suit should be referred to an arbitrator for final resolution, they may apply to the Court, at any time before final judgement, for an order of reference to arbitration.
4. Court to grant order for reference
Where the parties apply for order of reference under Rule 3, the Court may grant the order for reference stating the number of arbitrators.
5. Parties to nominate arbitrators
(1) The arbitrators shall be nominated by the parties in such manner as the parties may agree.
(2) Where the parties–
(a) fail to agree on the nomination of arbitrators; or
(b) nominate an arbitrator who refuses to accept the nomination; the parties may ask the Court to appoint arbitrators in the matter.
6. Court to refer matter to arbitrators
The Court or Judge shall, by an order under the seal of the Court, refer to the arbitrators, the matter in issue in the suit which requires determination.
7. Order of reference to direct compliance with Arbitration Act
The Order of reference to arbitration made under Rule 4 shall provide for–
(a) the conduct of arbitration;
(b) a party to apply or have recourse to the Court with regard to arbitration;
(c) Court assistance with regard to arbitration where required; in accordance with the Arbitration Act.
8. Court to appoint arbitrator
Where the Court or Judge makes an order for reference to arbitration and–
(a) the arbitrator dies; or
(b) refuses to act; or
(c) becomes incapable of acting;
the Court or Judge shall appoint another arbitrator in place of the person so dying or refusing to act or becoming incapable of acting.
9. Question of arbitrator’s mandate or impartiality to be settled under Arbitration Act No. 19 of 2000
Where a party in a matter for arbitration questions the mandate, impartiality or jurisdiction of an arbitrator, the issue shall be resolved in accordance with the Arbitration Act.
10. Judge to order costs of suit
(1) Where the Court or Judge makes an order of reference to arbitration, the Court or Judge may order the costs of the suit to be in arbitration or reserve them to the discretion of the arbitrator or make such other order as the Court or Judge may consider necessary.
(2) The costs, fees and expenses of the parties to arbitration shall be administered in accordance with the Arbitration Act.
(1) An award made by an arbitrator pursuant to an order of reference to arbitration shall be binding and enforceable and shall not be liable to be set aside except as provided for under the Arbitration Act.
(2) An award made pursuant to an order of reference to arbitration shall be registered and enforced in accordance with the Arbitration Act.
PART III
REFERENCE TO MEDIATION
12. Court to refer action to mediator at any stage of proceedings
(1) The Court or a Judge may refer any action to mediation at any stage of the proceedings except where a Court or Judge considers a case unsuitable for referral to mediation.
[Rule 12(1) subs by rule 2 of SI 98 of 2007.]
(2) An order for reference to mediation shall be as set out in Form 1 of the First Schedule to these Rules.
13. Mediation officer to keep list of mediators
(1) A mediation officer shall keep a list of mediators who have been trained and certified to act in this capacity.
(2) The mediators to be listed under sub-rule (1) shall be those currently approved or certified by the Chief Justice in respect of High Court proceedings under the Rules of the High Court.
14. Mediation officer to handover to mediator record of suit, action or legal proceedings
(1) Where a mediator is appointed in respect of a matter, the mediation officer shall handover the record of the suit, action or legal proceedings.
(2) Upon receipt of the record of the suit, action or legal proceedings under sub-rule (1), the mediator shall acknowledge such receipt in writing.
15. Mediator to inform parties about time, date and venue of mediation
(1) The mediator shall, soon after collecting the record under Rule 14, contact the parties to the action and state the time, date and place of the mediation.
(2) The Mediator shall, within 90 days from the date of collection of the suit, action or legal proceedings in respect of which the mediator has been appointed, complete the process of mediation.
16. Party to appear in person or with legal practitioner
(1) A party to mediation shall appear in person and where represented, with their legal practitioner.
(2) Where the party to mediation is not a natural person, an officer or Director of sufficient rank to Settle the matter shall attend and where represented with the legal practitioner.
17. Mediator to read out to parties statement of understanding
At the commencement of mediation, the mediator shall read out to the parties, and their advocates where necessary, the statement of understanding contained in Form 2 set out in the First Schedule which the mediator shall request the parties to sign.
18. Mediator not required to keep record of mediation
(1) The mediator shall not keep a record of the mediation.
(2) Where the mediator prepares any document during proceedings and the mediation fails, the mediator shall destroy such document in the presence of both parties at the end of the mediation.
19. Statement made in mediation are confidential and privileged
Any statement made during mediation is confidential and privileged and may not be used as evidence in any matter.
20. Mediator not to communicate with trial judge
A mediator may not communicate with any trial Judge in relation to any matter which is subject of mediation.
21. Mediator to return record to mediation officer with report
(1) Where a mediation fails, the mediator shall within ten days after the close of mediation proceedings return the record referred to in Rule 14 to the mediation officer and submit a report as in Form 3 set out in the First Schedule.
(2) The mediation officer shall, not more than seven days after receipt of the report under sub-rule (1), submit the record to the Court or a Judge.
(3) Where the Court or Judge receives a report under sub-rule (2) the Court or a Judge shall, within 14 days of such receipt, summon the parties for purposes of fixing the date of hearing for the pending action or application.
(1) Where mediation ends in a settlement document set out in Form 4 of the First Schedule.
(2) The mediation settlement referred to in sub-rule (1) shall be registered and sealed by the Court.
(3) A mediation settlement sealed and registered by the Court shall have the force and effect of a judgement, order or any decision of the Court or Judge and shall be enforced in the like manner.
23. Mediation to return case record
Every mediator shall at the close of mediation return to the mediation officer the case record together with mediator’s report as set out in Form 5 of the First Schedule.
[Rule 23 subs by rule 3 of SI 98 of 2007.]
24. Procedure on failure of mediation
(1) If the mediation fails, the mediator shall not more than ten days after the close of the mediation proceedings return the case record to the mediation officer with a report stating that mediation has failed.
(2) The mediation officer shall not more than seven days after receipt of the report referred to in sub-rule (1) submit the case record to the Court or Judge who shall not more than 14 days after receipt of the case record from the mediation officer summon the parties for setting down the hearing date.
[Rule 24 subs by rule 3 of SI 98 of 2007.]
25. Court not to set aside judgement or order except on sufficient cause
Where the Court or Judge makes an order or Judgement under rule 24, the Court or Judge may not set aside such decisions unless sufficient cause is shown on application duly made by a party to the Court or Judge.
26. Mediator may postpone or adjourn mediation hearing
(1) A mediator may postpone or adjourn a mediation hearing at any stage if considerations of justice so demand or if that postponement or adjournment is likely to facilitate a possible settlement.
(2) A postponement or adjournment of a matter under this rule shall be granted by a mediator only within the 90 days period prescribed under rule 15.
(3) Where on the request of the mediator after expiry of the 90 day period the Court or a judge is of opinion that the chances of settlement are still feasible, the Court or a Judge may grant a further period as may be thought reasonable by the mediator.
27. No appeal against mediated settlement
No appeal shall lie against a mediated settlement.
28. Parties to pay mediation fee
(1) There shall be paid to the mediator in equal proportions by the parties to the suit a mediation fee at each sitting.
(2) The fee referred to in sub-rule (1) shall be set out in the Second Schedule to these Rules.
29. Failure to pay mediation fee
Where a party fails to pay a mediation fee–
(a) that party shall be barred from taking any further proceedings in the matter until payment of that fee; or
(b) and judgement has been entered against that party, execution will be levied against that party by the Court to recover the fee on behalf of the mediator.
[Rule 12, 17, 21, 22 and 23]
REPUBLIC OF ZAMBIA
The Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002
FORM 1
IN THE INDUSTRIAL RELATIONS COURT Complainant/Application No. …............
HOLDEN AT ..................................
BETWEEN: COMPLAINANT/APPLICANT and RESPONDENT
ORDER FOR MEDIATION
[Rule 12]
This case has been scheduled for mediation which shall take place within 14 days of receipt of this order. The mediator will be
And the mediation shall take place at an appoint place which the mediator will communicate to ALL THE PARTIES and their advocates are hereby ORDERED to appear. Unless an agreement disposing of this case is filled with the Court in advance of this date, the mediation will occur as scheduled.
The Court ORDERS full compliance with the following:
1. All parties who must approve a settlement and at least one advocate, must appear at the mediation. If the settlement must be approved by someone other than a party to the suit, that person should be present during scheduled mediation. Institutional parties must have an individual with the authority to settle the case present at the mediation pursuant to Rule 16 of the Industrial Relations Court (Arbitration and Mediation Procedure) Rules, 2002.
2. Each party or advocate must bring to the mediation (a) if damages are requested, an outline of how they have been or should be calculated (including, if appropriate, the time period and rates of interest), and (b) relevant documentation, such as appraisals, receipts and records.
3. All proceedings at the mediation, including any statement made or document prepared by any party, advocate, or other participants are confidential and will not be disclosed to the trial judge or affect the case if it is not settled at this time. No party shall be bound by anything said or done at the mediation unless a settlement is reached. If a settlement is reached, the agreement will be put in writing and will be binding upon all parties to the agreement.
4. In the event that a complainant or applicant and, if represented, the complainant’s or applicant’s advocate does not appear at the mediation, the Court may strike out or dismiss the case. In the event that a respondent and, if represented, the respondent’s advocate does not appear at the mediation, the court may enter a default judgement against the respondent.
5. The mediator’s fee as prescribed should be paid at the commencement of the sitting.
This ORDER is entered, this………………… day of…………….. 20…
..........................
Judge/Registrar
REPUBLIC OF ZAMBIA
Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002
FORM 2
IN THE INDUSTRIAL RELATIONS COURT Complainant/ Applicant No. ……
HOLDEN AT
BETWEEN: COMPLAINANT/APPLICANT and RESPONDENT
STATEMENT OF UNDERSTANDING: THE ROLE OF THE MEDIATOR - (Rule 17)
My name is …………………………………………… I have been assigned to mediate your case. I will serve as neutral party to help you resolve your dispute. I will not act as an advocate for any party.
No party shall be bound by anything said or done in the mediation unless a settlement is reached and is in writing.
Any statement made during the mediation are confidential and privileged and may not be used as evidence in any matter.
I as mediator in this matter may not be called upon to testify to what transpired in the mediation.
Please sign below to acknowledge that you have read and/or understand this statement.
……………………………………… ………………………………………
……………………………………… ………………………………………
Complaint (s)/Applicant (s) Respondent (s)
……………………………………… ………………………………………
……………………………………… ………………………………………
Complaint’s Advocate Respondent’s Advocate
…………………………………………
Mediator
REPUBLIC OF ZAMBIA
Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002
FORM 3
IN THE INDUSTRIAL RELATIONS COURT Complaint/Application No. ………………
HOLDEN
BETWEEN: COMPLAINANT/APPLICANT
and
RESPONDENT
MEDIATOR’S REPORT - (Rule 21)
TO: THE MEDIATION OFFICER
I,…………………………………………… having been designated as mediator in this action and having conducted mediation between the parties, do hereby report that the parties have failed to reach a settlement. In terms of the above rule, you are required within 7 days of your receiving this report to remit the record to the Court or Judge.
Dated the………………………………. day of…………………….20…………….
………………………………..
Mediator’s Signature
REPUBLIC OF ZAMBIA
Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002
FORM 4
IN THE INDUSTRIAL RELATIONS COURT Complaint/Application No. ……………
HOLDEN
BETWEEN COMPLAINANT/APPLICANT
and
RESPONDENT
MEDIATION SETTLEMENT – (RULE 22)
We, theundersigned parties to this action have agreed to settle our dispute/differences as follows:
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………
Dated the .............. day of ............. 20 ..
…………………………………. ……………………………….
Complaint (s) Applicant (s) Respondent (s)
………………………………………. ………………………………. Complaint’s Applicant’s Advocate Respondent’s Advocate
……………………………………… …………………………………….
Mediator Mediator’s Full Name
REPUBLIC OF ZAMBIA
Industrial Relations Court (Arbitration and Mediation Procedure) Rule 2002
FORM 5
IN THE INDUSTRIAL RELATIONS COURT Complaint/Application No. ………………
HOLDEN
BETWEEN COMPLAINANT/APPLICANT
and
RESPONDENT
MEDIATOR’S CASE REPORTING FORM (RULE 23)
Mediator’s Name: …………………………………………………………………………
1. Claim/Application type (check all issues in the case)
Terminal benefits
Reinstatement/Declaration
Collective dispute
Complaint Against discrimination/Wrongful or Unfair dismissal or
Termination
Other:………………………………………………………………….
2. Case Disposition
Settled before mediation
Mediated and fully settled
Mediated and partially settled
Mediated and not settled
Not mediated
There are chances for settlement of this matter. I request for extension of my Mandate to continue with the mediation….
3. Check reasons why the case was not mediated (check all that apply)
Non-appearance of one or more advocates
Advocate without settlement authority
Other: ………………………………………………………………………………
4. Mediator’s Fees
The fees were paid
The fees were not paid by……………………………………………………….
Dated the day of 2…………..
SIGNED:………………………………….
Mediator
[Rule 28]
REPUBLIC OF ZAMBIA
Industrial Relations Court (Arbitration and Mediation Procedure) Rules 2002
MEDIATION FEE
The Mediator’s fee shall be as follows:
1. Three Hundred Thousand Kwacha at each sitting during the mediation process.
2. The practitioners, in every case referred to mediation shall collect from their respective clients their half share of the 3,00,000 Kwacha and pay the same over to the mediator at the commencement of the Sitting.
REPRESENTATIVE BODIES (ELECTIONS AND CONDUCT OF BALLOT) REGULATIONS
[Sections 109]
Arrangement of Regulations
Regulation
3. Labour Commissioner to conduct elections
5. Dissolution of executive board prior to election
6. Notification of strike ballot
7. Establishment of voting points
8. Supervision of voting points
9. Provision of voting booths, etc.
10. Distinguishing ballot boxes, etc.
12. Conditions of ballot boxes
14. Sealing of ballot boxes after voting
15. Voting at other voting points
16. Representative at counting of votes
SI 23 of 2008.
These Regulations may be cited as the Representative Bodies (Elections and Conduct of Ballot) Regulations, 2008.
In these Regulations, unless the context otherwise require–
“Act" means the Industrial and Labour Relations Act;
“association” has the meaning assigned to it in the Act;
“Congress” has the meaning assigned to it in the Act;
“election” means the process of choosing office bearers or an executive board for a trade union, a federation of trade unions, a congress of trade unions, an association of employers, a federation of employers or any representative body by way of casting a secret ballot;
“federation of employers” has the meaning assigned to it in the Act;
“Labour Commissioner” has the meaning assigned to it in the Act;
“proper officer” has the meaning assigned to it in the Act; and
“representative body” has the meaning assigned to it in the Act.
3. Labour Commissioner to conduct elections
The Labour Commissioner, or such other proper officer as the Labour Commissioner may designate, shall conduct any election of a representative body.
(1) A representative body shall, where the representative body intends to hold any election, not less than 14 days before the elections are held–
(a) notify the Labour Commissioner or any proper officer in writing, specifying the positions to be filled and the date, time and venue where such elections are to be held; and
(b) furnish the Labour Commissioner or any proper officer with a voter’s register together with other particulars concerning such persons as the labour Commissioner or proper officer may require.
(2) A representative body shall, on the request of the Labour Commissioner or any proper officer, furnish such evidence, by affidavit or otherwise, as the Labour Commissioner or proper officer my require, as to the eligibility to vote of all or any of the persons referred to in paragraph (b) of sub-regulation (1).
5. Dissolution of executive board prior to election
The Labour Commissioner or proper officer shall, before conduction any election, dissolve the executive board of a representative body, to pave way for elections.
6. Notification of strike ballot
A representative body shall where the representative body intends to conduct a strike ballot–
(a) not less than 70 two hours before the ballot is held, notify the proper officer in writing specifying the matter to be determined and the date and time when the balloting shall take place;
(b) not less than 20 four hours before the ballot is held, furnish the proper officer with a list of the persons who are eligible to vote in the ballot together with such other particulars concerning such person as the proper officer may require;
(c) on the request of the proper officer, furnish the proper officer with such evidence, by affidavit or otherwise, as the proper officer may require as to the eligibility to vote of all any of the persons referred to in paragraph (b);
(d) before the ballot is conducted, give adequate notice of the intention to conduct a strike ballot to its members:
Provided that in the case of a strike ballot or lockout ballot notice shall be given to the members in accordance with section 78 of the Act.
7. Establishment of voting points
A proper officer shall, in consultation with a representative body appoint a place or places at which the voting point shall be established.
8. Supervision of voting points
A proper officer shall, throughout the period of voting–
(a) supervise every voting point;
(b) keep order at the voting point; and
(c) regulate the number of voters to be admitted to the voting point at any one time.
9. Provision of voting booths, etc.
A representative body shall, where a proper officer so directs, not less than one hour before the voting is held, provide, to the satisfaction of the proper officer, enclosed voting booths, chairs and tables in such number as may be necessary.
10. Distinguishing ballot boxes, etc.
A proper officer shall for the purpose of enabling voters to cast their votes for or against the proposal to be determined by the ballot–
(a) determine the number of ballot boxes to be put in the voting booth;
(b) ensure that each ballot box is clearly distinguished from the other, by colour or by a mark affixed to it;
(c) affix a notice at the entrance to each voting booth stating the proposal to be determined by the booth; and
(d) take such steps as the proper officer may consider necessary to explain to the voters the purpose and method of voting.
Each ballot box shall be constructed in such a manner that the balloting tokens can be freely introduced therein but cannot be withdrawn therefrom without unlocking, cutting, opening or breaking the box.
12. Conditions of ballot boxes
(1) A proper officer shall, immediately before a ballot is held, show each box to–
(a) any representative of a representative body who is present and who has previously made that representative’s presence known to the proper officer; and
(b) any other person present at the election.
(2) A proper officer shall ensure that a ballot box is sealed in a manner that it cannot be opened without breaking the seal.
Every ballot shall be conducted in accordance with the following provisions:
(a) every voter taking part in a ballot shall present themselves to the proper officer at a voting point during the hours laid down for the taking of the ballot and shall before recording the vote, identify themselves by the production of their membership card or otherwise, as the proper officer may direct;
(b) a proper officer shall mark off the name or number of each voter on the list provided under paragraph (b) of Regulations 4;
(c) a proper officer shall deliver to the voter a token marked with an official mark in such form as the proper officer may direct and any token not so marked shall be void and shall not be counted;
(d) the voter shall thereafter conduct the ballot as follows:
(i) enter the balloting booth alone;
(ii) record the vote by placing the token in the ballot box provided; and
(iii) leave the balloting booth without delay.
14. Sealing of ballot boxes after voting
(1) A proper officer shall, as soon as practicable after the close of each day of voting at each voting point, seal each ballot box.
(2) A proper officer shall lock all the ballot boxes in such place as the proper officer may provide for the purpose.
15. Voting at other voting points
Any person who is eligible to vote at any voting point who, at the time of voting, is at another voting point, may cast that person’s vote at that point:
Provided that–
(a) the person identifies themselves to a proper officer at the voting point where the person wished to cast the vote;
(b) the person is in possession of a letter from a responsible officer of the representative body stating that the person is eligible to vote in the ballot; or
(c) any proper officer at the voting point where the person wished to cast the vote has been advised by telegram or otherwise in terms similar to those specified under paragraph (b).
16. Representative at counting of votes
A representative body may appoint not more than three representatives to attend at the counting of votes after the ballot has been closed.
(1) Except in the case of a ballot conducted at more than one voting point, a proper officer at each voting point shall, as soon as practicable after the close of the voting, count the votes and record the result of the ballot in the presence of the representatives of a representative body appointed under Regulation 16.
(2) The result of the ballot shall be published in such manner as the proper officer may direct.
(3) Where a ballot is conducted at more than one voting point, the ballot figures for all the voting points shall be added together so as to record the total results of the ballot and the result shall be published in such manner as the Labour Commissioner may direct.
INDUSTRIAL AND LABOUR RELATIONS (DEDUCTION AND REMITTANCE OF SUBSCRIPTION) REGULATIONS
[Section 112]
Arrangement of Regulations
Regulation
4. Deduction and remittance of subscription
SI 78 of 2011,
SI 13 of 2013.
These regulations may be cited as the Industrial and Labour Relations (Deduction and Remittance of Subscription) Regulations, 2011.
These Regulations apply to–
(a) all employers of eligible employees whose terms and conditions of employment are determined through the process of collective bargaining; and
(b) trade unions that are affiliated to the Congress or a federation of trade unions
[Reg 2(b) sub by reg 2 of SI 13 of 2013]
In these regulations, unless the context otherwise requires–
“Collective bargaining” has the meaning assigned to it in the Act;
“Congress" means the Zambia Congress of Trade Unions;
“eligible employee” has the meaning assigned to it in the Act;
“employer” has the meaning assigned to it in the Act;
“subscription” means a monthly membership fee paid to a trade union by an eligible employee; and
"trade union” has the meaning assigned to it in the Act
4. Deduction and remittance of subscription
(1) An employer shall deduct from the wages of an eligible employee, 25 percent of the eligible employees subscription payable to a trade union.
(2) An employer shall, where the employer deducts the subscription referred to in sub-regulations (1), not later than 14 days, after the end of each month, remit the subscription to the Congress.
INDUSTRIAL AND LABOUR RELATIONS (FEES) REGULATIONS
[Section 112]
Arrangement of Regulations
Regulation
SI 35 of 2018.
These Regulations may be cited as the Industrial and Labour Relations (Fees) Regulations, 2018.
The fees set out in the Schedule are payable in respect of the matters specified in the Schedule.
[Regulation 2]
Item
Fee Units
1.
Application for change of name or address of trade union
16,667.00
2.
Application for amalgamation of trade union
33,333.33
3.
Application for registration of employers’ association
33,333.33
4.
Application for change of name or address of employers’ association
16,667.00
5.
Application for amalgamation of employers’ association
33,333.33
6.
Application for registration of recognition agreement
3,333.33
7.
Lodging of a collective agreement
3,333.33
8.
Application for extension of collective agreement
6,666.67
9.
Application for registration of trade unions
33,333.33
{/mprestriction}