Rule 7 of The Employment and Labour Relations Court (Procedure) Rules: 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 and full particulars
of the claimant,’ respondent or any other party to the dispute;
(b) the facts and grounds of the claim specifying issues which are alleged to have been violated,
infringed, breached observed;
(c) in the case of a labour dispute, the rights of the employees not granted or to be granted, any
other employment benefits sought and the terms of collective bargaining agreement which
the jurisdiction of the Court is being invoked;
(d) any principle, policy, convention, law, employment and labour relations issue or practice to
be relied upon;
(e) a statement on whether there have been no previous or pending suit between the same
parties over the same subject matter; and
(f) the order or relief sought.
(2) Where the physical, postal or email address or telephone number of the respondent or other party
are not known, the Claimant shall disclose that fact in the statement of claim.
(3) A statement of claim filed under subrule (1) shall be accompanied by—
(a) an affidavit verifying the correctness of the facts in the statement of claim;
(b) a list of witnesses;
(c) a witness statement; and
(d) a list and copies of the documents relied upon which shall be chronologically arranged,
flagged and paginated.
(4) The witness statements shall contain sufficient details so that—
(a) the witness adopts the statement as the sufficient evidence-in-chief at the hearing; and
(b) thereafter, only minimal highlighting and production of documents may be required before
the witness can be cross-examined.
(5) The witness statement filed under subrule (1) shall make sequential reference to the documents by
their page numbers.
(6) Any additional documents filed under this Rule shall be properly bound, chronologically arranged,
flagged and paginated.
(7) When filing any document in a pending case, each party shall ensure the correct citation of the case
and correct names of the parties are given.
claim setting out—
(a) the name, physical and postal address, e-mail address, telephone number and full particulars
of the claimant,’ respondent or any other party to the dispute;
(b) the facts and grounds of the claim specifying issues which are alleged to have been violated,
infringed, breached observed;
(c) in the case of a labour dispute, the rights of the employees not granted or to be granted, any
other employment benefits sought and the terms of collective bargaining agreement which
the jurisdiction of the Court is being invoked;
(d) any principle, policy, convention, law, employment and labour relations issue or practice to
be relied upon;
(e) a statement on whether there have been no previous or pending suit between the same
parties over the same subject matter; and
(f) the order or relief sought.
(2) Where the physical, postal or email address or telephone number of the respondent or other party
are not known, the Claimant shall disclose that fact in the statement of claim.
(3) A statement of claim filed under subrule (1) shall be accompanied by—
(a) an affidavit verifying the correctness of the facts in the statement of claim;
(b) a list of witnesses;
(c) a witness statement; and
(d) a list and copies of the documents relied upon which shall be chronologically arranged,
flagged and paginated.
(4) The witness statements shall contain sufficient details so that—
(a) the witness adopts the statement as the sufficient evidence-in-chief at the hearing; and
(b) thereafter, only minimal highlighting and production of documents may be required before
the witness can be cross-examined.
(5) The witness statement filed under subrule (1) shall make sequential reference to the documents by
their page numbers.
(6) Any additional documents filed under this Rule shall be properly bound, chronologically arranged,
flagged and paginated.
(7) When filing any document in a pending case, each party shall ensure the correct citation of the case
and correct names of the parties are given.
Check the current authoritative text and amendment history before relying on this provision.