Specialized Court for Employment and Labor Disputes
The Industrial Court of Eswatini is a specialized court established to adjudicate employment and labor disputes fairly and expeditiously. Created in 1980, it serves as an important forum for resolving workplace conflicts and ensuring compliance with labor laws in the Kingdom.
The Industrial Court consists of specialized judges and assessors with expertise in labor matters.
Head of the Industrial Court
The President presides over the Industrial Court, overseeing its judicial functions and administrative operations. This role involves leading the court in its mission to adjudicate labor and employment disputes, ensuring fair and expeditious resolution in accordance with Eswatini's labor laws.
Judicial Officers
Judges of the Industrial Court are highly specialized judicial officers responsible for hearing and determining a wide range of employment and labor disputes. Their expertise covers areas such as unfair dismissal, wrongful termination, collective bargaining, and statutory compliance, ensuring impartial and legally sound judgments.
The Industrial Court is assisted by qualified assessors who have specialized knowledge in labor relations, industrial practices, and business management. They provide technical expertise to judges during complex industrial disputes.
The Industrial Court has extensive jurisdiction over employment and labor matters.
The court has jurisdiction to hear and determine claims of unfair dismissal by employees against employers.
Cases involving breach of employment contract terms in termination processes.
Disputes related to alleged violations of employment agreements by either party.
Review of workplace disciplinary procedures and outcomes for compliance with legal standards.
Resolution of disputes arising from collective bargaining processes and agreements.
Matters related to the recognition of trade unions by employers and related rights.
Cases involving strikes, lockouts, and other forms of industrial action.
Adjudication of claims involving discrimination in the workplace based on protected characteristics.
Enforcement of compliance with the Employment Act and other labor legislation.
Disputes related to workplace safety standards and obligations.
Cases involving minimum wage compliance, payment of wages, and statutory benefits.
Matters related to statutory requirements for working conditions and employee welfare.
Authority to order employers to reinstate unfairly dismissed employees to their former positions.
Power to award financial compensation for various employment-related violations and damages.
Issuance of orders declaring rights and obligations in employment relationships.
Authority to grant injunctions to prevent unlawful industrial action or other employment violations.
Understanding the process of bringing and resolving cases in the Industrial Court
To initiate proceedings in the Industrial Court, applicants must follow these steps:
All forms are available at the Industrial Court Registry or can be downloaded from the Forms section of this website.
Before a full hearing, the court conducts preliminary procedures:
During the formal hearing, the following procedure is followed:
Hearings are typically open to the public unless the court orders otherwise for confidentiality reasons.
After considering all evidence and arguments, the court issues its judgment:
The Industrial Court encourages resolution of disputes through alternative methods.
Decisions of the Industrial Court may be appealed to the Industrial Court of Appeal:
Appeals may be made on grounds of:
Appeals based solely on factual findings are generally not permitted.
A notice of appeal must be filed within 6 weeks from the date of the Industrial Court judgment.
The appellant must:
The Industrial Court of Appeal may:
For more information, visit the Industrial Court of Appeal page.
Industrial Court Building
Mbabane, Eswatini
P.O. Box 1571
Mbabane, Eswatini
+268 2404 2391/2/3
admin@judiciary.org.sz
Monday to Friday
8:00 AM - 4:30 PM
