The Employment and Labour Relations Court (Procedure) Rules

Rule 56 of The Employment and Labour Relations Court (Procedure) Rules: Alternative dispute resolution

(1) The Court may at any time refer a matter to alternative dispute resolution.
(2) Parties in a proceeding may reach a consensus at any time before judgment is rendered and the
parties shall file the consent within such period as the Court may prescribe.
(3) The Court shall record and adopt the consent reached by the parties as its own ruling or judgment
in that matter.
(4) Where a matter is partially determined by virtue of a consent adopted by the Court, the issues that
have not been resolved shall proceed before the judge hearing it.
(5) Where the Constitution, a written law, collective bargaining agreement, contract of service, policy,
or other instrument provides for alternative dispute resolution mechanisms—
(a) a person being party to a dispute may file a suit and seek appropriate interlocutory
relief pending exhaustion of such alternative dispute resolution mechanisms or pending
determination of the suit;
(b) want of exhaustion of such alternative dispute resolution mechanisms shall not operate as a
bar to a suit for application for interim orders or alleging unconstitutionality or unlawfulness
of the action, omission, decision or other matter in dispute pending such exhaustion; and
(c) a suit filed prior to exhaustion of such alternative dispute resolution mechanisms may be
stayed and not struck out on account of such exhaustion.

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

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Rule 57 — Consent orders

(1) Parties to proceedings before the court may at any time consent to settle the whole or any part of the suit. (2) A consent under subrule (1) may be in writing, signed and dated by the parties and…

Rule 58 — Witness summons

(1) The Court may, either on its own motion, or at the request of a party, summon for examination any person who has information relevant to any of the issues before it. (2) The Court may direct a par…

Rule 59 — Determination by documentary evidence

The Court may, either by an agreement by all parties, or on its own motion, proceed to determine a suit before it on the basis of pleadings, affidavits, documents filed and submissions made by the par…

Rule 60 — Procedure in the absence of a party

(1) Where a hearing nptice was served on the parties and an affidavit of service has been filed, the Court may proceed with the case before it in the absence of any party thereto if— (a) the party has…

Rule 61 — Consolidation of cases

The Court may consolidate suits if it appears that in any number of suits— (a) some common question of fact or law arises; or (b) it is practical and appropriate to proceed with the issues raised in t…

Rule 62 — Test suit

(1) Where two or more persons have instituted suits against the same respondent, the Court may, either on its own motion or upon the application of any of the parties with notice to all the affected p…