s.78Appeals from decision of Labour Tribunal
78
Section 78Part 9 — Administration

Appeals from decision of Labour Tribunal

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Any person aggrieved by —
any decision of a Labour Tribunal upon a complaint where the award exceeds five hundred dollars;
the service of a remedial notice;
any decision of a Labour Tribunal that that person's dismissal was fair;
any refusal of a Labour Tribunal to register an overtime agreement; or
any decision of a Labour Tribunal that no award should be made,
may, within fourteen days of notification of the decision or service of the notice, appeal to the Appeals Tribunal: Provided that an employee may appeal an award of less than five hundred dollars where that person claims that the award should have exceeded five hundred dollars.
An appeal under subsection (1) is brought by giving notice in writing to the Chairperson of the Appeals Tribunal.
The giving of a notice of appeal pursuant to subsection (2) operates as a stay upon any award made by a Labour Tribunal.
The notice of appeal under subsection (2) shall also be served upon a Labour Tribunal and in the case of an appeal from a decision of a Labour Tribunal upon a complaint, upon all persons who were invited to appear before a Labour Tribunal under section 75(6).
Upon receipt of a notice the Chairperson of the Tribunal shall fix a date for the hearing of the appeal, being not less than one month nor more than three months from the date of that person's receipt of the notice of appeal, and shall give notice of that date forthwith to the appellant and to all parties who were entitled to receive the notice of appeal pursuant to subsection (4).
All persons entitled to receive the notice of appeal pursuant to subsection (4) shall be entitled to appear at and be heard upon the hearing of the appeal, or upon any adjourned hearing.
The Cabinet may prescribe the procedure to be followed at the hearing of an appeal under this section, but in default of such prescription the procedure shall be at the discretion of the Chairperson of the Tribunal.
Within twenty-eight days from the conclusion of the hearing of the appeal the Tribunal shall reach a decision upon the appeal and shall deliver a notification of that decision, together with written reasons therefor, to every party who appeared at the hearing of the appeal.
The decision of the Tribunal upon an appeal shall, subject to section 79, be final and binding upon all parties.
Decisions of a Labour Tribunal and of the Appeals Tribunal under this Act may be made public at the discretion of the respective body and neither any member of a Labour Tribunal or of the Appeals Tribunal shall be liable in any Civil Court for any act done or ordered to be done in good faith in the discharge of that person's functions under this Act, unless it is proved that that person acted maliciously and without reasonable cause.

Defined Terms

appealawardappellant

Cross References

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