LABOUR TRIBUNAL (GENERAL) RULES - CHAPTER 25A LABOUR TRIBUNAL (GENERAL) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 25, section 45) [1 March 1973] (L.N. 220 of 1972) LABOUR TRIBUNAL (GENERAL) RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Labour Tribunal (General) Rules. LABOUR TRIBUNAL (GENERAL) RULES - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "register" (登記冊) means the Register of Claims kept under rule 4. "register" (登記冊) LABOUR TRIBUNAL (GENERAL) RULES - RULE 3 Registry VerDate:30/06/1997 There shall be a registry for claims which shall be situated at such place as the Chief Justice may direct. LABOUR TRIBUNAL (GENERAL) RULES - RULE 4 Register of Claims VerDate:30/06/1997 (1) A "Register of Claims", in such form as the Chief Justice may direct, shall be maintained in the registry. (2) The register shall contain such details of all claims and proceedings in the tribunal as the Chief Justice may direct. LABOUR TRIBUNAL (GENERAL) RULES - RULE 4A Keeping of Register of Claims, etc. VerDate:19/10/1999 The Register of Claims maintained under rule 4 and the summary of evidence, submissions or statements and of any point of law and of the presiding officer's decision thereon kept under section 19 of the Ordinance may be kept- (a) in the form of a book; (b) in the form of a disc, card, tape, microchips, sound track or other device on or in which information or data is recorded or stored by mechanical, electronic, optical or other means; or (c) partly in the form referred to in paragraph (a) and partly in the form referred to in paragraph (b). (25 of 1999 s. 19) LABOUR TRIBUNAL (GENERAL) RULES - RULE 5 Service VerDate:30/06/1997 (1) Unless otherwise provided by the Ordinance, process shall be served by a person appointed by the registrar. (2) Service of process shall be effected by delivering a copy of the document to the person to be served or by leaving it with some person for him at his last known place of residence or at his place of work. (3) The person effecting the service shall endorse on the copy of the document retained by him the date and place of service and the name of the person receiving it and shall sign the endorsement. LABOUR TRIBUNAL (GENERAL) RULES - RULE 6 Substituted service VerDate:30/06/1997 (1) If reasonable efforts have been made to serve a document in accordance with rule 5 and service has not been effected, the registrar may make an order for substituted service of the document. (2) Substituted service shall be effected in such manner as the registrar may direct. LABOUR TRIBUNAL (GENERAL) RULES - RULE 7 Transfer of claim to Court of First Instance, District Court or Small Claims Tribunal VerDate:19/10/1999 (1) Where the tribunal transfers a claim to the Court of First Instance, the District Court or the Small Claims Tribunal under section 10(2) of the Ordinance, the registrar shall send to the registrar of the court or of the Small Claims Tribunal to which the claim is transferred a certified copy of the entries in the register, and the documents in his custody, relating to the claim. (2) The registrar of the court or of the Small Claims Tribunal to which the claim is transferred shall appoint a day for the hearing and send notices in the prescribed form to all parties interested. (See Form 5) (L.N. 127 of 1976) (25 of 1998 s. 2; 25 of 1999 s. 19) LABOUR TRIBUNAL (GENERAL) RULES - RULE 7A Transfer of claim to tribunal VerDate:21/11/1997 Where a claim is transferred to the tribunal in accordance with any rules made under section 73B, 73C or 73D of the District Court Ordinance (Cap 336), the registrar shall send a notice in such form as he thinks fit to each claimant and person represented advising them that section 11 of the Ordinance must be complied with in order for the transferred claim to be commenced in the tribunal. (L.N. 237 of 1996; L.N. 465 of 1997) LABOUR TRIBUNAL (GENERAL) RULES - RULE 8 Preparation of summary of facts VerDate:30/06/1997 A summary of facts shall be- (a) prepared in the prescribed form in duplicate; (see Form 6) (b) signed by the tribunal officer preparing it; and (c) delivered to the registrar within 24 hours after the completion of the inquiries necessary for its preparation or within such longer period as may be directed by the registrar. LABOUR TRIBUNAL (GENERAL) RULES - RULE 8A Procedure on application for leave to appeal VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) Where an application for leave to appeal is made under section 32 of the Ordinance- (a) the registrar shall on the request by any party to the proceedings and on payment by such party of the appropriate fee supply to such party within 7 days of the request a certified copy of the record of the proceedings; and (b) the Registrar of the High Court shall- (i) fix a date and place for the hearing of the application; and (ii) send a notice to the applicant in the prescribed form of the date and place of hearing. (see Form 15A) (L.N. 127 of 1976) (2) At the hearing of an application for leave to appeal, the Court of First Instance may with the consent of the applicant alter any ground of appeal, or insert any new ground of appeal, in the application for leave to appeal. (L.N. 131 of 1974; L.N. 202 of 1982; 25 of 1998 s. 2) LABOUR TRIBUNAL (GENERAL) RULES - RULE 9 Procedure on appeal from the tribunal VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) Where leave to appeal is granted under section 32 of the Ordinance- (a) the registrar shall send to the Registrar of the High Court a copy of the entries in the register and the documents in his custody relating to the claim; (L.N. 127 of 1976) (b) the Registrar of the High Court shall, on receipt of such documents, fix a date and place for the hearing of the appeal; and (c) the Registrar of the High Court shall send notices in the prescribed form of the date and place of hearing to be served on the parties to the claim who are interested in the appeal. (see Form 16) (2) Save with the permission of the Court of First Instance, an appellant shall not be entitled at the hearing of the appeal to rely on any ground of appeal not specified in the application for leave to appeal. (L.N. 131 of 1974; L.N. 202 of 1982; 25 of 1998 s. 2) LABOUR TRIBUNAL (GENERAL) RULES - RULE 10 (Repealed L.N. 202 of 1982) VerDate:30/06/1997 LABOUR TRIBUNAL (GENERAL) RULES - RULE 11 Payment of award by instalment VerDate:30/06/1997 The tribunal may order that the amount of an award or order shall be paid by such instalments, payable at such times, as the tribunal may think fit. LABOUR TRIBUNAL (GENERAL) RULES - RULE 12 Registration of award or order in District Court VerDate:30/06/1997 (1) Where an award or order is made by the tribunal, and if stay of execution has not been ordered under section 37 of the Ordinance, the registrar shall, on the application of the party in whose favour the award or order is made, supply to him a certificate of award or order in the prescribed form and a copy thereof. (see Form 17) (2) The registrar of the District Court shall, on the production of a certificate of award or order, and a copy thereof to him within 12 months after the date of the award or order, register the certificate in the Register of Actions kept in the District Court. (L.N. 127 of 1976) (3) The registrar of the District Court shall seal and date the copy certificate and return it to the person producing it. (4) A presiding officer may at any time authorize an officer attached to the tribunal, not being below the rank of senior clerical officer, to discharge the duties of the registrar under paragraph (1). (L.N. 279 of 1981) LABOUR TRIBUNAL (GENERAL) RULES - RULE 13 (Repealed 5 of 1986 s. 3) VerDate:30/06/1997