There can only be broad norm and guidelines ad criteria in dealing with issues of industrial relations. Industrial court decisions zambia legal information institute. Court means the industrial court appointed under part vii and includes, unless the contrary intention appears, any court under section 22 constituted for the purpose of dealing with any trade dispute or matter referred to it, and any division thereof. The high court of zambia is established under the constitution of zambia and the high court act, chapter 27 of the laws of zambia. In the science building phase, industrial relations is part of the social sciences, and it seeks to understand the employment relationship and its institutions through highquality, rigorous research. In line with the governments liberalization policy, zambias labour relation. As a consequence of the workplace relations and other legislation amendment act 1996, the courts jurisdiction has been transferred to other courts, mainly the federal court of australia. The term industrial relations explains the relationship. A courts jurisdiction, as stated in the supreme court of kenya application no. Legislation governing the rights and obligations of employers. The industrial relations court is not the appropriate forum to determine the applicants action because. Industrial relations does not have a shape of its own.
Industrial relations court has exclusive jurisdiction under the industrial and labour relations act, unlimited and. The high court has a commercial division which is a fast track court to adjudicate on commercial matters. Industrial relations industrial relations has become one of the most delicate and complex problems of modern industrial society. The supreme court of zambia is the final court of appeal and has the final say in all legal matters, including the interpretation of the constitution. Labour relations and industrzal disputes 3 the labour relations and industrial cts 14 of 1975, disputes act or 1978, 14 of 1983 7 of 1986, 8th april, 1975. The term industrial relations comprises of two terms. Still others call industrial relations associal relations in production. On 25 may 1997 the staff and resources of the industrial relations court of.
Representative bodies elections and conduct of ballot regulations. The act confirms the industrial relations court as the final arbiter of disputes. As the protector in the industrial relations and social justice, the chinese government takes the responsibility to settle the relations based on the respect of fundamental human rights and basis of labor rights, so that the majority of employees are able to share the social progress and economic development outcomes to achieve the industrial. This page carries information about industrial relations and its concept through definition and description of industrial relation. Director general means the director general for industrial relations and includes any. Report of the commission appointed to enquire into the disturbances in the copperbelt, 1940 forster. Barber, the economy of british central africa london. In this act unless the context otherwise requires lnterpreta tion. Unions, employers associations, the zambia federation of employers, recognition agreements and collective agreements, settlement of collective. The cardinal pieces of legislation, with respect to the constitution and jurisdiction of the courts, are the local courts act, the small claims court act, the subordinate court act, the high court act, the industrial and labour relations act, the court of appeal act, the constitutional court act. Thus article 941 of the constitution of zambia chapter 1.
It consists of the chief justice, the deputy chief justice and 7 or more supreme court judges. Accurate figures for wage employment for the period are difficult to obtain. The basic requirements of an industrialrelation programme are. Industrial and labour relations act national assembly of zambia.
Act of 1990 means the industrial relations act 1990. Industrial relations, also called organizational relations, the behaviour of workers in organizations in which they earn their living scholars of industrial relations attempt to explain variations in the conditions of work, the degree and nature of worker participation in decision making, the role of labour unions and other forms of worker representation, and the patterns of cooperation and. Industrial relations 5 part vi representations on dismissals section 20. These include a strike2, a lockout3, picketing4, a product boycott5 and protest action6. With regards to employment law in particular, the industrial relations court now a division of the high court of zambia has jurisdiction to hear. It provides for collective barga ining, settlement of industrial conflicts, consultative mechanism and the establishment and operation of the industrial relations court. However, with the industrial developments after world war ii, the term industrial relations has been widened in its meaning and now it implies employersemployeesunions and government relationship in industry. He also referred us to section 3 of the industrial labour relations act which empowers the industrial relations court to grant damages or compensation for loss of employment. In 1997 considerable amendments were introduced to accommodate, among others, the dictates of the liberalized politica l and economic environment. The high court of zambia is established under article 911 b of the constitution of zambia, chapter 1 of the laws of zambia. In terms of section 97 of the industrial and labour relations act, an appeal from the industrial relations court can only be on a point of law or mixed law and fact.
Some important definitions of ir are produced here. The industrial relations court has awarded mongu central member of parliament francis simenda over k54 million for wrongful dismissal by his former employers zambia pork products zapp. As such, there are as many as definitions of ir as the authors on the subject. Industry refers to any productive activity in which an individual or a group of individuals is are engaged. The laws of zambia copyright ministry of legal affairs, government of the republic of zambia 3. Industrial relationship is about the relationship between an employee and management. Industrial relations has become one of the most delicate and complex problems of modern industrial society. The cardinal pieces of legislation, with respect to the constitution and jurisdiction of the courts, are the local courts act, the small claims court act, the subordinate court act, the high court act, the industrial and labour relations act, the court of appeal act, the constitutional court act, and the supreme court of zambia act. Industrial court decisions zambia legal information. The proper role and jurisdiction of the industrial court. Industrial relations definition, concept and needs. Roles that governments play in industrial relations. Bad industrial relations leads to industrial unrest industrial dispute and a downward trend to industries workers and the nation. The industrial relations court is a court with exclusive and original jurisdiction to hear and determine any industrial relations matters under the industrial and labour relations act chapter 269 of the laws of zambia.
Representations on dismissals part vii industrial court 21. This court has unlimited jurisdiction to hear and determine all civil and criminal proceedings under any law. People v registrar of the industrial relations court. The high court of zambia shall have, except as to the proceedings in which the industrial relations court has exclusive jurisdiction under the industrial and labour relations act, unlimited and original jurisdiction. For this submission, he referred us to the case of zambia consolidated copper mines zccm v matale 1. Industrial and labour relations act national assembly of. Miyutu chinga, 23rd january, 2019 chibomba, pc, mulembe,mulonda, munalula, jjc. Industrial relations court zambia legal information institute. This act may be cited as the industrial and labour relations amendment act, 1997. Industrial relations then refers to the relationship between employers and employees. The only area where it doesnt exercise complete jurisdiction is under the industrial and labor relations act. Purpose the paper aims to explore the impact of economic transformation on employment relations and the effect on the role and behaviour of unions and employers organizations in zambia. Hierarchy of courts in zambia court structure in zambia.
This is the first ever service charter for the high court of zambia. D act to adjudiciate over industrial dispute cases etc. Industrial relations court arbitration and mediation procedure rules. Introduction 1 industrial action1 is accepted worldwide as an integral part of collective bargaining. The high court of zambia is an appellate court and is presided over by the chief justice. The industrial relations court became a division of the high court of judicature for zambia effective from the enactment of the constitution of zambia amendment act no. In this vein, industrial relations scholarship intersects with scholarship in labour economics, industrial.
It has original cases can begin in the high court and unlimited the court can hear any type of case except those specifically excluded by the constitution or statute jurisdiction power. On the disturbances, see report of the commission appointed to inquire into the disturbances in the copperbelt, northern rhodesia, 1935 russell commission lusaka. Industrial relations in zambia to 1975 springerlink. Hence, it is broader in meaning and wider in scope. Industrial relation management pondicherry university. The labour relations and industrial cts 14 of 1975, disputes act or 1978, 14 of 1983 7 of 1986, 8th april, 1975. Its powers are derived from provisions of the statute which are the rules of the game and the industrial court has to decide according to these rules. The industrial relations court is on the same level as the high court save that this court deals with industrial relations matters. This act may be cited as the labour relations and indus short title. By relations we mean the relationships that exist within the industry between the employer and his workmen. Labour court means a labour court constituted under 1. Zambia industrial and labour relations act, 1993 no. Epstein, politics in an urban african community manchester university press, 1958 p. This court does not use such rules as are commonly applicable in the high court and supreme court of appeal.
A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. It is located in independence avenue, lusaka zambia. Qualification of president and chairman of industrial court 24. Industrial relations court imposes penalties for child labor law violations. The powers conferred upon the industrial court have the force. The industrial court is created and practical authority given to it, by the constitution, the industrial court act and other written laws such as the employment act and the labour relations act. Of course the first hit will be on the employers, who has invested. Be that as it may, i have looked at the provisions of rule 16 1 of the industrial relations court procedure rules, which deals with interlocutory applications and matters not covered by these rules. People v registrar of the industrial relations court 02. The industrial relations court of australia irca is a superior court of law and equity, established by the australian parliament under the industrial relations reform act 1993 which amended the industrial relations act 1988. In this act act of 1946 means the industrial relations act 1946.
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