The Employment and Labour Relations Court (Procedure) Rules

Rule 2 of The Employment and Labour Relations Court (Procedure) Rules: Interpretation

In these Rules, unless the context otherwise requires—
“appeal” means an appeal made to the Court by any party against an award, order, decision or decree of
the Registrar of Trade Unions, Cabinet Secretary, Director of Occupational Safety and Health’ Subordinate
Court, local tribunal or commission or any other body as may be prescribed under any written law, and
includes a cross appeal;
“appellant” means a person who initiates an appeal;
“Central Planning Monitoring Unit” means, the unit of the Ministry for the time being in charge of matters
relating to labour responsible for analyzing economic trends, undertaking investigations of economic
disputes and advising the Court accordingly;
“claim” includes any claim, complaint, application, reference, motion or labour dispute referred to the
Court by a party for adjudication under any written law;
“claimant” means a party who files a claim with the Court under any written law;
“Court” means the Employment and Labour Relations Court and includes a judge of the Court;
“economic dispute” means a dispute or difference, apprehended dispute or difference, between employers
and employees, between employers and trade unions, or between an employers’ organization and
employees or trade unions, concerning any economic compensatory matter and includes disputes
regarding negotiations of collective agreements, salary, basic pay, allowances and terms and conditions of
service;
"open court” includes physical courtroom and virtual court proceedings;
"party" means a person, trade union, employer, employer’s organization or any corporate body directly
involved or affected by an appeal or claim to which the Court has taken cognizance or who is a party to a
collective agreement referred to the Court for registration;
“pleading” includes the statements in writing of the claim or demand of an applicant, petition, judicial
review application, and the defence by a respondent thereto, the reply of an applicant to any defence or a
counterclaim of a respondent;
“registry” means any office designated by the Court for the purpose of filing pleadings under these Rules;
“respondent” means a person against whom a suit has been instituted in the Court or who replies to any
proceedings in Court;
“statement of claim” means a memorandum of claim filed in Court by a party as prescribed under these
Rules;
“suit” means a claim, petition, application for judicial review, appeal or any proceedings before the Court
for determination; and
“summons” means a notice requiring a party or witness to appear before the Court or to call upon a person
to attend court.

Check the current authoritative text and amendment history before relying on this provision.

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Rule 3 — Sittings of the Court

The Court may sit in any station established by the Chief Justice in consultation with the Principal Judge or, such place as the Court may order if circumstances of the case warrant it.

Rule 4 — Divisions of the Court

The Chief Justice may, where the workload and number of Pivisions of the judges in a station permit, establish any of the following divisions of the Courts— (a) the claims and labour relations divisio…

Rule 5 — Sub-registries and circuit courts

(1) The Chief Justice may establish a sub-registry of the Court pr a circuit court for reasonable, equitable and progressive access to justice in any part of the Country. (2) For purposes of subrule (…

Rule 6 — Place of suing and hearing

(1) Proceedings before the Court shall be instituted at the Court's registry or sub-registry with respect to the county where— (a) the claimant, petitioner or applicant, at the time of commencement of…

Rule 7 — Institution of claims

(1) A person who wishes to refer a dispute to the Court under any written law shall file a statement of claim setting out— (a) the name, physical and postal address, e-mail address, telephone number a…