Court-Annexed Mediation
Voluntary process facilitated by court-appointed mediators · Confidential discussions to reach mutually acceptable solutions · Settlements formalized as consent orders of the court · No cost beyond standard filing fees.
Labour Court
Industrial Court of Eswatini
A specialized court established to adjudicate employment and labour disputes fairly and expeditiously. Created in 1980, it resolves workplace conflicts and ensures compliance with labour laws in the Kingdom.
1980Established
6 monthsTo Report a Dispute
ExpertAssessors
Introduction
The Industrial Court of Eswatini is a specialized court established to adjudicate employment and labour disputes fairly and expeditiously. Created in 1980, it serves as an important forum for resolving workplace conflicts and ensuring compliance with labour laws in the Kingdom.
Court Composition
The Industrial Court consists of specialized judges and assessors with expertise in labour matters.
The President
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 labour and employment disputes, ensuring fair and expeditious resolution in accordance with Eswatini’s labour laws.
Judges of the Industrial Court
Judges of the Industrial Court are highly specialized judicial officers responsible for hearing and determining a wide range of employment and labour disputes. Their expertise covers areas such as unfair dismissal, wrongful termination, collective bargaining, and statutory compliance, ensuring impartial and legally sound judgments.
Court Assessors
The Industrial Court is assisted by qualified assessors who have specialized knowledge in labour relations, industrial practices, and business management. They provide technical expertise to judges during complex industrial disputes.
Jurisdiction and Powers
The Industrial Court has extensive jurisdiction over employment and labour matters.
Unfair Dismissal Claims
The court has jurisdiction to hear and determine claims of unfair dismissal by employees against employers.
Wrongful Termination
Cases involving breach of employment contract terms in termination processes.
Breach of Employment Contracts
Disputes related to alleged violations of employment agreements by either party.
Disciplinary Actions
Review of workplace disciplinary procedures and outcomes for compliance with legal standards.
Collective Bargaining Disputes
Resolution of disputes arising from collective bargaining processes and agreements.
Trade Union Recognition
Matters related to the recognition of trade unions by employers and related rights.
Industrial Action Matters
Cases involving strikes, lockouts, and other forms of industrial action.
Workplace Discrimination
Adjudication of claims involving discrimination in the workplace based on protected characteristics.
Employment Act Violations
Enforcement of compliance with the Employment Act and other labour legislation.
Occupational Health and Safety
Disputes related to workplace safety standards and obligations.
Wages and Benefits Regulations
Cases involving minimum wage compliance, payment of wages, and statutory benefits.
Working Conditions
Matters related to statutory requirements for working conditions and employee welfare.
Reinstatement
Authority to order employers to reinstate unfairly dismissed employees to their former positions.
Compensation Awards
Power to award financial compensation for various employment-related violations and damages.
Declaratory Orders
Issuance of orders declaring rights and obligations in employment relationships.
Injunctive Relief
Authority to grant injunctions to prevent unlawful industrial action or other employment violations.
Court Procedures
Understanding the process of bringing and resolving cases in the Industrial Court.
Reporting a Dispute and Filing a Claim
Reporting a dispute: A dispute may not be reported to the Commissioner of Labour once more than six months have elapsed since the issue giving rise to the dispute first arose. The Commissioner of Labour may, where justice requires, extend that time, but has no power to do so once thirty-six (36) months have elapsed since the dispute first arose (Industrial Relations Act, sections 76(4) and 76(5)). A person aggrieved by a decision of the Commissioner of Labour under section 76(4) may apply to the Court (section 76(6)).
From conciliation to the Court: A dispute that remains unresolved after conciliation is certified in writing as an unresolved dispute by the Commission. Where the unresolved dispute concerns the application of existing terms and conditions of employment, or the denial of a right in respect of dismissal, employment, reinstatement or re-engagement, either party may then apply to the Industrial Court for determination of the dispute (sections 85(1) and 85(2)).
Instituting proceedings: Except for proceedings brought on notice of motion, proceedings are instituted by issuing an application, and five copies of it, through the office of the Registrar, containing a heading in the form of Form I and a statement of claim (Industrial Court Rules, rule 7).
Required documentation: In an application for the determination of an unresolved dispute under section 85, a copy of the certificate of unresolved dispute issued by the Commission must be annexed (Industrial Court Rules, rule 7(4)(d)).
Fees: Payment of filing fees as prescribed by court regulations.
The six-month period in section 76 governs the reporting of a dispute to the Commissioner of Labour. It is not a general filing deadline for every Industrial Court claim: time limits differ according to the nature of the claim and the legislation under which it is brought. All forms are available at the Industrial Court Registry.
Pre-Hearing Stage
Case management conference: Parties meet with a judge to establish timelines, identify issues, and explore settlement possibilities.
Document disclosure: Parties exchange relevant documents and evidence to be used in the proceedings.
Witness statements: Filing of written statements from witnesses who will testify during the hearing.
Settlement attempts: The court encourages alternative dispute resolution before proceeding to a full hearing.
Hearing Process
Presentation of evidence: Each party presents their case, starting with the applicant, through documents and exhibits.
Witness testimony: Witnesses give evidence under oath and are subject to cross-examination.
Legal arguments: Legal representatives present arguments based on evidence and applicable law.
Role of assessors: Court assessors assist judges by providing technical expertise in industry-specific matters.
Hearings are typically open to the public unless the court orders otherwise for confidentiality reasons.
Judgment and Remedies
Delivery of judgment: Decisions are delivered in writing and/or orally in open court.
Types of orders: The court may order reinstatement, compensation, declaratory orders, or other appropriate remedies.
Implementation timeframes: Orders typically specify the time within which they must be complied with.
Enforcement mechanisms: Failure to comply with court orders may result in contempt proceedings or execution against assets.
Alternative Dispute Resolution
The Industrial Court encourages resolution of disputes through alternative methods.
Conciliation
Process guided by conciliators from the Labour Commissioner’s Office · Required step before certain disputes can proceed to court · Focus on resolving disputes through compromise · Certificate of outcome issued if conciliation fails.
Appeals Process
Decisions of the Industrial Court may be appealed to the Industrial Court of Appeal.
Grounds for Appeal
A right of appeal lies against a decision of the Court on a question of law (Industrial Relations Act, section 19(1)). Appeals commonly raise:
- Errors in law
- Jurisdictional errors
- Procedural irregularities
The Act does not confer a general right of appeal against findings of fact. Separately from appeal, a decision or order of the Court or of an arbitrator is, at the request of any interested party, subject to review by the High Court on grounds permissible at common law (section 19(5)).
Filing Timeline
An appeal against a decision of the Court must be lodged with the Industrial Court of Appeal within three (3) months of the date of the decision (Industrial Relations Act, section 19(3)). Noting an appeal does not stay execution of the Court’s order unless the Court, on application, directs otherwise (section 19(4)).