Labour Tribunal Ordinance

(1)
The tribunal shall not hear a claim until a certificate in the prescribed form signed by a tribunal officer or an authorized officer is filed or produced to the effect
that—
(a)
one or more of the parties has refused to take part in conciliation;
(b)
conciliation has been attempted but no settlement has been reached;
(c)
conciliation is unlikely to result in a settlement being reached; or
(d)
conciliation may prejudice the interests of a party.
(2)
A certificate under subsection (1) shall be filed with or produced to the tribunal not later than 24 hours before the date fixed for the hearing of the claim.
(3)
During the hearing of a claim the tribunal may, subject to
section 16
, adjourn the claim and notify the Commissioner in the prescribed form of the adjournment and the reason therefor
if—
(Amended
L.N. 377 of 1980
;
20 of 2014 s. 12
)
(a)
the tribunal is of the opinion that there is a reasonable likelihood of a settlement of the claim; and
(b)
all parties to the claim have agreed to an adjournment for the purpose of conciliation.
(4)
The Commissioner may, when he has been notified of an adjournment pursuant to subsection (3), hold conciliation between such of the parties to the claim as are willing to take part.
(5)
The Commissioner may, if after such conciliation the parties reach a settlement of the claim or if he is of the opinion that there is no reasonable likelihood of such a settlement, so advise the tribunal in the prescribed form.
(6)
The Commissioner shall, unless he has earlier advised the tribunal under subsection (5), advise the tribunal as to what, if any, progress has been made in the conciliation not less than 24 hours before the date to which the claim has been adjourned.
(7)
If a settlement of a claim is reached, whether as a result of conciliation or not, the terms of the settlement shall be reduced to writing in the prescribed form and signed by the parties to the settlement.
(8)
A settlement, which has been reduced to writing and signed by the parties thereto, shall be filed in the tribunal.
(9)
A settlement filed under subsection (8) shall be treated for all purposes as if it were an award of the tribunal.