Employment Claims Tribunal
Establishment of the Employment Claims Tribunals
The Employment Claims Tribunals (ECT) were launched on 1 April 2017. It provides employees and employers with a speedy, low cost forum to resolve their salary related disputes. The key legislation governing the ECT are the Employment Claims Act 2016 (Act 21 of 2016), the Employment Claims Rules 2017, and the Employment Claims Regulations 2017.
The ECT’s subject-matter jurisdiction includes:
(a) statutory salary-related claims from employees covered under the Employment Act, Retirement and Re-Employment Act, and Child Development Co-Savings Act;
(b) contractual salary-related claims by all employees, except domestic workers, public servants and seafarers; and
(c) claims for salary in lieu of notice of termination by employers.
The ECT has jurisdiction to hear claims of up to $20,000, or up to $30,000 if the dispute has undergone mediation assisted by unions recognised under the Industrial Relations Act. Parties whose claims exceed the applicable limit may abandon the amount in excess of the limit for the ECT to hear their claims.
Appeals from decisions or orders of the ECT are heard by the High Court. An appeal against a decision of the ECT may only be made on any ground involving a question of law, or on the ground that the claim falls outside of the ECT’s jurisdiction. A party may not appeal on any findings of fact by the ECT.