Types of Application

Applications to IAC may be broadly categorised into 2 – disputes submitted for arbitration jointly by the parties, and disputes submitted by only one party, also known as ex-parte applications. The nature of disputes that may be submitted for each type of application is as follows:

  1. Joint Application – The union and employer may jointly submit a dispute on any matter eg any terms and conditions of employment arising out of the operation of the CA or outside the CA for arbitration
  2. Ex-Parte Application – Either union or employer may refer any of the following for arbitration
  • Dispute over annual wage adjustments, AWS, or bonus (under Section 50(1) of Employment Act)
  • Dispute over transfer of employment
  • Dispute on retrenchment benefit payable to executive or breach of his contract of employment
  • Continuation of a CA or award
  • Interpretation of a CA or award
  • Setting aside or varying any of the terms of a CA or award
  • Non-compliance with a CA or award or contravention of any provision of the IR Act
  • Appeal against the Referee’s decision where the dispute was first heard by a Referee (see note below)

Where the union or employer or both submit for arbitration a dispute which arises out of the operation of the CA while the CA is in force, the President of IAC has the discretion to select a Referee appointed under the IR Act to determine the dispute, as provided in the CA.