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
- 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
- Ex-Parte Application – for the following disputes, one party (either the union or employer) may make ex-parte application for arbitration:
- Dispute over annual wage adjustments, annual wage supplement (AWS), or bonus (under Section 50(1) of Employment Act)
- Dispute over transfer of employment
- Dispute over retrenchment benefit payable to executive or breach of his contract of employment
- Continuation of a collective agreement (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
How to apply
- 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.
- Pay $20 fee. The modes of payment available will be advised to you by IAC at the point of payment.
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.