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Jurisdiction of the Court
Jurisdiction of the Industrial Court

The court or any division of the court has the power to deal with the following matters, and such powers are given by section 18 of the Trade Disputes Act of 2004:

·        To hear and determine all trade disputes except disputes of interest;

·        To interdict any unlawful industrial action;

·        To hear appeals and reviews from decisions of mediators and arbitrators;

·        To direct the commissioner to assign a mediator to mediate a dispute, where in the opinion of the court, the matter has not been properly mediated or requires further mediation;

·        To direct the commissioner to refer a dispute that is before the court, to arbitration;

·        To refer any matter to an expert and, at the court’s discretion, to accept the expert's report as evidence in the proceedings; and

Generally to give such directions and do such things as may be necessary or expedient for the expeditious and just hearing and determination of any dispute before it .The court does not have jurisdiction over what are called "disputes of interest", which are disputes concerning the creation of new terms and conditions of employment, or the variation of existing terms and conditions of employment.

 
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