Applying for Arbitration

Understanding the types of arbitration procedures available to you for your type of case, and how to apply, is a critical first step.

Types of Application 

  1. Joint Application – The union and employer may jointly submit a dispute on industrial matters e.g. any terms and conditions of employment arising out of the operation of the CA or outside the CA for arbitration  

  2. Ex-Parte Application – for the following disputes, one party (either the union or employer) may make ex-parte application for arbitration:
  1. Dispute over annual wage adjustments, annual wage supplement (AWS), or bonus (under Section 50(1) of Employment Act)
  2. Dispute over transfer of employment
  3. Dispute over retrenchment benefit payable to executive or breach of his contract of employment
  4. Continuation of a collective agreement (CA) or award
  5. Interpretation of a CA or award
  6. Setting aside or varying any of the terms of a CA or award
  7. Non-compliance with a CA or award or contravention of any provision of the IR Act

How to apply

  1. Submit the relevant application form to IAC by post or by hand.  For non-compliance with a CA, an affidavit is required. The party who will be signing the affidavit must come personally to IAC to sign the affidavit in the presence of the Registrar or Assistant Registrar.

  2. Pay $20 fee. The modes of payment available will be advised to you by IAC at the point of payment.            

Referee Hearing 

You can elect to have your case heard at a Referee hearing instead of a Court hearing, if the dispute arises out of the operation of a Collective Agreement in force

  • Referee hearings are normally restricted to representatives of the employer and union members and are not open to the public. 
  • Following the provision in the collective agreement, the party(ies) may send a letter to IAC requesting for a dispute arising out of the operation of a CA in force to be determined by a Referee.  
  • Either the union or employer may file an appeal to the Court vs the Referee’s decision.  

Court / Referee Hearing

Last updated: 29 March 2018