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> GOVERNANCE - home > Employment protection legislation database - EPLex

Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Algeria - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 73-4 LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Compensation for unfair disciplinary dismissal in lieu of reinstatement: at least 6 months' pay.
- In case of non-compliance with mandatory procedural requirements: the dismissal is void and the employer shall pay compensation which shall at least amount to back pay.

Remarks:
  • Art. 73-4 LC.

Reinstatement available: Yes

Remarks:
  • Art. 73-4 LC.

Preliminary mandatory conciliation: Yes

Remarks:
  • Preliminary mandatory conciliation before the Conciliation Office (Bureau de Conciliation): see art. 19 of the Individual Labour Disputes Settlement Act.
    The Conciliation Office is made up of 2 representatives of the employers and 2 workers' representatives (art. 6 ILDSA).

Competent court(s) / tribunal(s): labour court

Remarks:
  • According to The Individual Labour Disputes Settlement Act, disputes regarding termination of employment are heard by the tribunal competent over labour matters [le "Tribunal siégeant en matiere sociale"] (art. 20 ILDSA). This tribunal shall comprise a judge and workers' and employers' representatives (art. 8 ILDSA).

Existing arbitration: No

Remarks:
  • No arbitration for individual disputes.

Angola - 2013    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Disciplinary dismissals:
-Unfair disciplinary dismissal: compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages (arts. 265 GLA
In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (arts. 229 GLA).
- If the disciplinary dismissal was based on prohibited grounds (see above - 'substantial requirements') or did not follow the required procedural rules (call for an interview, notice of dismissal), it will be declared null by the Court, and the employee will be reinstated. The employee must receive back pay from the effective date of his dismissal until his/her reinstatement (art. 228 GLA).
2) Economic dismissals:
- Individual dismissals:
In the event of an unfair individual economic dismissal (objectives reasons exist, but the the unfairness results from the following elements: refusal to transfer the employee to another existing job, violation of the priority rules for dismissal, compensation in lieu of reinstatement shall amount to 50% of the monthly wages for each year of service. (arts. 237 and 263 GLA).
If the employer did not obtain the required authorizations (authorization for carrying out the dismissal, or authorization for dismissing workers who special protection), compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages. (arts. 237(4) and 265 GLA)
The employee is also entitled to back pay from the date of the dismissal until the date he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229(3) GLA)
- Collective dismissals:
In the event a collective dismissal is declared unlawful (a just cause exist but the unlawfulness results from one the following elements: absence of valid grounds, non-compliance with the procedural requirements, non observance of the priority rules for selecting redundant workers, absence of the required authorization for workers enjoying special protection), the worker shall be awarded compensation in lieu of reinstatement in addition to redundancy payment. Such compensation shall amount to 50% of the monthly wages for each year of service. (arts. 248 and 263 GLA)
If the reasons alleged by the employer for carrying out collective redundancies were proved non-existent, or if the employer did not observe the priority rules for dismissals when selecting the employees, compensation in lieu of reinstatement shall be one month's wages for each year of service but not less than 3 months' wages (arts. 248(4) and 265 GLA).
The employee is also entitled to back pay from the date of the dismissal until the date he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229(3) GLA).

Reinstatement available: Yes

Remarks:
  • 1) Disciplinary dismissals:
    - Reinstatement is available in the event of an unfair disciplinary dismissal. If the employee does not wish to be reinstated, he or she will be awarded compensation for unfair dismissal. In addition, the employee shall be granted back pay from the date of dismissal until he/she obtains a new employment or until the date of the court's decision. However, back pay shall not exceed 9 months' wages (art. 229 GLA).
    - Any disciplinary dismissal which is based on prohibited grounds (see above - 'substantial requirements') or which did not follow the required procedural rules (call for an interview, notice of dismissal) will be declared null by the Court. As a result, the employee shall be reinstated and receive pack pay from the effective date of his dismissal until his/her reinstatement (art. 228 GLA).
    2) Economic dismissals:
    - Individual dismissal:
    In the event of unfair individual economic dismissal (i.e: absence of the required authorization, refusal to transfer the employee to another existing job, violation of the priority rules for dismissal, absence of authorization for the workers who enjoy special protection), the dismissed worker is entitled to be immediately reintegrated to his/her job. If he/she does not wish to be reinstated or if reinstatement is not possible, he/she will be awarded compensation. In both cases, the worker will receive back pay within a limit of 9 months' wages (art. 237 GLA).
    - Collective dismissals:
    In the event a collective dismissal is declared unlawful (absence of valid grounds, non-compliance with the procedural requirements, non observance of the priority rules for selecting redundant workers, absence of the required authorization for workers enjoying special protection), the employer must reinstate the employee, unless reinstatement is not possible or the employee does not wish to be reinstated. In addition, the employee shall receive back pay from the date of the dismissal until the date of the court's decision (art. 248 GLA).

Preliminary mandatory conciliation: No

Remarks:
  • The GLA provides for preliminary mandatory conciliation of individual labour disputes (art. 307 GLA). Conciliation is conducted by the provincial conciliation body dealing with labour disputes which is part of the provincial Public Prosecutor office (art. 308 GLA).
    However, according to art. 307 GLA, there is no mandatory conciliation when the dispute relates to the following matters:
    - Nullity of the individual disciplinary dismissal, that is in the event the employee alleges that the employer failed to observe the procedural requirements for such dismissal (e.g oral interview) or that the dismissal was based on prohibited grounds.
    - Absence of the authorization required for any individual dismissal based on objective grounds (economic, technological or structural reasons)
    - Unlawful collective dismissal because the employer failed to prove the existence of economic, technological or structural reasons, or because he/she did not follow the proper procedure.

    For any other dismissal-related disputes, preliminary conciliation shall be carried out.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • The Labour Chamber of the Provincial Courts (Sala do Trabalho dos Tribunais Provinciais) has jurisdiction over individual labour disputes: art. 306 GLA.

Existing arbitration: No

Remarks:
  • No information found in the legislation reviewed.

Botswana - 2018    

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Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Sec. 24(3) of the Trade Disputes Act provides that where the Industrial Court orders reinstatement, any compensation ordered shall not exceed the actual pecuniary loss suffered by the employee as a result of wrongful dismissal.

Sec. 24(4) provides that in assessing the amount of compensation to be paid, the Court may consider:
(a) the actual and future loss likely to be suffered by the employee as a result of the wrongful dismissal;
(b) the age of the employee;
(c) the prospects of the employee in finding other equivalent employment;
(d) the circumstances of the dismissal;
(e) the acceptance or rejection by either the employer or the employee of any recommendations made by the Court for the reinstatement of the employee;
(f) any contravention of the terms of any collective agreement or of any law relating to employment by the employer or the employee; or
(g) the employer's ability to pay.

Reinstatement available: Yes

Remarks:
  • Sec. 24 of the Trade Disputes Act provides for a number of remedies available to an employee in the case of wrongful dismissal. The Industrial Court may order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement (sec. 24(1)).

    The Industrial Court shall consider compulsory reinstatement in cases of wrongful dismissals if (a) the termination was found to be unlawful, or motivated on the grounds of gender, trade union membership, trade union activity, the lodging of a complaint or grievance, or religious, tribal or political affiliation or (b) the employment relationship has not irrevocably broken down (Sec. 24(2)).

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court

Remarks:
  • Competent court(s) / tribunal(s): Commissioner of Labour and Labour Court

    Sec. 7 of the Trade Disputes Act provides for the referral of disputes to the Commissioner of Labour. Sec. 7(2) provides that an employee referring a dispute concerning termination of employment shall refer the dispute within 30 days of the date of such termination.

    Sec. 24 of the Trade Disputes Act grants the Industrial Court jurisdiction to hear cases regarding the wrongful termination of contract or disciplinary action. As such, under sec. 24(1), in any case where the Court determines that an employee has been wrongfully dismissed or disciplined, the Court may, subject to its discretion to make any other order which it considers just-
    (a) in the case of wrongful dismissal, order reinstatement of the employee, with or without compensation, or order compensation in lieu of reinstatement

Existing arbitration: No

Remarks:
  • Sec. 27(3) of the EA. Where a severance benefit is payable in accordance with this section, either the employer or employee may, where there is a dispute as to the amount payable, apply, within such period and in such form and manner as may be prescribed, to the nearest labour officer to determine the amount of the benefit and, where such application is made, the nearest labour officer shall forthwith proceed to determine the amount of the benefit.

Burkina Faso - 2019    

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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal (absence of valid ground): maximum 18 months' pay.

Remarks:
  • * Compensation for unfair dismissal (absence of valid ground) : Art. 74 LC.

    In addition art. 76 LC provides for compensation for failure to observe the prescribed procedure (absence of written notification or written justification) which shall amount to maximum 3 months' pay.

Reinstatement available: Yes

Remarks:
  • Art. 70 LC

Preliminary mandatory conciliation: Yes

Remarks:
  • Before bringing the dispute to court, the parties have the obligation to resort to extra-judicial conciliation before the Labour Inspector (art. 320 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 338 LC

Existing arbitration: No

Cameroon - 2019    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 39 (4) LC reads as follows:
    "... 4) Le montant des dommages-intérêts est fixé compte-tenu, en général, de tous les éléments qui peuvent justifier l’existence et déterminer l’étendue du préjudice causé et notamment :a) lorsque la responsabilité incombe au travailleur, de son niveau de qualification et de l’emploi occupé ; b) lorsque la responsabilité incombe à l’employeur, de la nature des services engagés, de l’ancienneté des services, de l’âge du travailleur et des droits à quelque titre que ce soit. Toutefois, le montant des dommages-intérêts, sans excéder un mois de salaire par année d’ancienneté dans l’entreprise, ne peut être inférieur à trois mois de salaire. (...)".

    Art. 39 (5) LC reads as follows:
    "...5) En cas de licenciement légitime d’un travailleur survenu sans observation par l’employeur des formalités prévues, le montant des dommages-intérêts ne peut excéder un mois de salaire."

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Unfair dismissal: not more than 1 month's salary per year of service and not less than 3 months' salary.
In addition, failure to observe the procedural requirements gives rise to compensation of not more than 1 month's salary.

Remarks:
  • Art. 39, (4) and (5) LC

Reinstatement available: No

Remarks:
  • Except for workers' representatives: Art. 130 (4) LC.

Preliminary mandatory conciliation: Yes

Remarks:
  • Preliminary mandatory extra-judicial conciliation before the Labour Inspector (art. 139 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 131 and 133 LC

Existing arbitration: No

Central African Republic - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 156 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other established rights.

Reinstatement available: Yes

Remarks:
  • Art. 144 (2) LC: Reinstatement is the primary remedy in the event of unjustified dismissal.
    Art. 144 LC reads as follows: "Les licenciements prononcés par l’employeur dont les motifs ne sont pas réels et sérieux ne sont nuls et de nul effet. En cas de licenciement injustifié, si l’annulation de celui-ci et ou la réintégration du travailleur ne sont pas possibles, l’employeur est tenu de verser au travailleur en sus des droits légaux, des dommages- intérêts."

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 346 LC: preliminary conciliation

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 354 LC: Labour tribunals (Tribunaux du Travail) have jurisdiction over individual labour disputes arising from the employment contract, labour conditions, hygiene and safety conditions, social security regime.

Existing arbitration: No

Remarks:
  • No arbitration for individual disputes.
    Arbitration can only be used for the settlement of collective labour disputes (art. 380 to 396 LC).

Comoros - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Article 44 of the Labour Code

Reinstatement available: Yes

Remarks:
  • Article 44 of the Labour Code: reinstatement shall be the primary remedy.

Preliminary mandatory conciliation: Yes

Remarks:
  • Article 47 of the Labour Code (former art.49): before going to the court, any worker who believes he/she has been unfairly dismissed has to challenge his or her dismissal before the labour inspector. The Labour Inspector examines the alleged reasons for the dismissal and any other circumstances of the case and make recommendations in order to reach an amicable settlement including reinstatement.

    Articles 220 and 226 of the Labour Code (former art. 200 and 206): mandatory pre-trial conciliation by the labour tribunal.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Articles 44 and 212 of the Labour Code (former art.46 and 192).

Existing arbitration: No

Congo, Democratic Republic - 2019    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 63 LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Dismissal with no valid reason: compensation is fixed by the court, but shall not exceed 36 months.

Remarks:
  • Art. 63 LC.

Reinstatement available: Yes

Remarks:
  • Art. 63 LC.

Preliminary mandatory conciliation: Yes

Remarks:
  • Mandatory preliminary extra judicial conciliation before the Labour Inspector: Art. 300 LC and Art. 25 of the Act No. 016/2002 on the establishment, organization, and functioning of Labour Tribunals.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 63 LC.

Existing arbitration: No

Côte d'Ivoire - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 16.11 LC

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Maximum 18 months' pay.

Remarks:
  • Art. 16.11 LC

Reinstatement available: No

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 81.22 LC: conciliation shall be part of the procedure before the labour court.

    Note also that pursuant to art. 81.1 LC, the dispute can be brought to the Labour Inspector for extra-judicial conciliation.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 81.7 LC

Existing arbitration: No

Egypt - 2017    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • See art. 122 LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Not less than two months' wage for each year of service.

Remarks:
  • Art. 122 LL.

Reinstatement available: Yes

Remarks:
  • Reinstatement is only available in the following cases:
    - If the Labour Court rejects the employer's request to dismiss an employee on disciplinary grounds (listed in art. 69 LL), it will order the employer to reinstate the worker and pay him back wages. However, if the employer does not follow the court's decision, the dismissal is deemed as an unjustified dismissal and the worker is allowed financial compensation as provided in art. 122 LL (art. 71 LL, as amended in 2008).
    - If the court considers that the employer requests the dismissal of a worker because of his or her trade union activities, it will order the employer to reinstate the worker if so requested by the worker (art. 71 LL, as amended in 2008).

    In any other cases, unjustified termination by employer will only give right to compensation (art. 122 LL).

Preliminary mandatory conciliation: Yes

Remarks:
  • If an individual dispute on the application of the LL arises, it shall first be brought to tripartite body (consisting in representatives of the competent administrative administration, of the employer and of the trade union) for amicable settlement.

Competent court(s) / tribunal(s): labour court

Remarks:
  • See art. 70 and 71 LL as amended in 2008. Since 2008, the Committee in charge of settling individual labour disputes has been replaced by the Labour Court.

Existing arbitration: No

Remarks:
  • No provision found in the legislation reviewed.

Ethiopia - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 43(4) LP.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
* Contract of an indefinite period:
180 times the daily pay (6 months' wages) and a sum equal to the remuneration for the appropriate notice period.
* Fixed-term contract:
A sum equal to the wages the worker would have earned until the lawful end of his contract provided it does not exceed 180 days' wages.

Remarks:
  • Art. 43(4) LP.

Reinstatement available: Yes

Remarks:
  • Art. 43 LP.
    Reinstatement is mandatory in case of unfair dismissal. However, when dismissal is unlawful, the court may award compensation in lieu of reinstatement if it believes that the continuation of the employment relationship will give rise to serious difficulties.

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court

Remarks:
  • The labour division of the regional first instance court has jurisdiction over claims related to termination of employment: art. 138 1) a) LP.

Existing arbitration: No

Length of procedure: 60 day(s) (statutory)

Remarks:
  • The legislation foresees statutory time frames for adjudicating the case (Art. 138 and 139 LP)
    * First instance court decision: 60 days from the date the complaint was registered.
    * Appeal should be lodged within 30 days from the first instance decision and the appeal decision should be delivered within 60 days from the date of the appeal.

Gabon - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 75 LC (unfair dismissal).

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Unfair dismissal: free determination by the Court.

Remarks:
  • Art. 75 LC and 55 LC.

Reinstatement available: Yes

Remarks:
  • Only for workers' representatives: Art. 294 LC. Reinstatement is not available to workers not falling within this category.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 314 LC: Extra-judicial conciliation shall take place before the Labour Inspector before the claim is brought to the court.
    Art. 334 LC: Preliminary mandatory conciliation is part of the procedure before the Labour Court.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 318 LC.

Existing arbitration: No

Ghana - 2013    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 64 (2) c) LA.

Reinstatement available: Yes

Remarks:
  • Art. 64 (2) a) LA.

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 64 LA.
    The competent body is the National Labour Commission. It shall exercise adjudicating and dispute settement functions in complete independence (art. 138 LA). Moreover, in settling an industrial dispute, the Commission shall have the same enforcing powers as the High Court and enjoy the same priviledges and immunities in regard to its proceedings (art. 139 LA).

Existing arbitration: Yes

Remarks:
  • Mediation: art. 154 LA.
    Arbitration: art. 157 LA.

% of dismissals out of the total number of disputes: 51.7 %

Remarks:
  • Figure for the year 2008.
    This figure includes:
    - Summary dismissals (21.2%)
    - Unfair terminations (23.9%)
    - Redundancy/lay-Off/ Severance pay (6.6%)

    Source: Annual Report of the National Labour Commission for the year 2008

Lesotho - 2013    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 73 LC: Compensation is awarded if the court decides that reinstatement is impracticable for the employer or if the employee does not wish to be reinstated. The amount of compensation shall be such amount as the court considers just and equitable. Mitigation of loss is the main criterion to decide the amount of compensation.

Reinstatement available: Yes

Remarks:
  • Art. 73 (1) LC: Reinstatement is the common remedy unless the employee does not wish to be reinstated of the Court (or the arbitrator) considers it to be impracticable.

Preliminary mandatory conciliation: Yes

Remarks:
  • See art. 227 (4) and (5) LC as amended in 2000.

    Depending on the reason for dismissal, disputes are resolved either by the Labourt Court, either by arbitration.
    In both cases, extra judicial prior conciliation is foreseen:
    - Before a dispute is referred to the Labour Court by Directorate of Dispute Prevention and Resolution (DDPR), the Director of the DDOR shall appoint a conciliator to attempt to resolve the dispute by conciliation (art. 227 (5) LC).
    - Prior to the resolution of a dispute by arbitration, the arbitrator appointed by the Director of the DDPR shall attempt to resolve the dispute by conciliation (art. 227 (4) LC).

    On the process of conciliation, see: art. 228 B LC (as amended in 2000)

Competent court(s) / tribunal(s): labour court

Remarks:
  • The 2000 Labour Code Amendment Act introduced important changes in the LC with regards to dispute settlement.
    Pursuant to article 226 LC (amended by article 25 of the 2000 Amendment Act), jurisdiction to resolve dismissal disputes of right is now shared between the Labour Court and arbitration, as follows:
    - The Labour Court shall have exclusive jurisdiction in disputes concerning an unfair dismissal if the reason for the dismissal is (art. 226 (1) LC):
    i) for participation in a strike;
    ii) as a consequence of a lock-out; or
    iii) related to the operational requirements of the employer.
    Note that the Labour Court also has exclusive jurisdiction on unfair labour practices and on disputes concerning the application or interpretation of any provision of the Labour Code or any other labour law unless the disputes concerns a matter that shall be exclusively resolved by arbitration as provided in art. 226 (2) LC.
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)
    - Any dispute should be firstly referred to by any party to the Directorate of Dispute Prevention and Resolution (DDPR) in charge of referring the dispute to the competent body (Labour Court or arbitrator) in accordance with the above-mentioned rules (art. 227 LC). However, would the Director of the DDPR consider that a dispute that concerns matters for which arbitration is foreseen also concerns matters that fall within the jurisdiction of the Labour Court, he could refer the case to that Court (art. 226 (3) LC).
    In addition, the Labour Court can always review the arbitration award on application by one of the parties.

Existing arbitration: Yes

Remarks:
  • See article 226 and 227 LC (as amended in 2000),
    Mandatory arbitration:
    - A dispute concerning an unfair dismissal for any reason other than a reason referred to above (see i), ii), iii)) shall be resolved by arbitration. Therefore, a dispute concerning dismissal for reasons relating to the conduct of the employee or its capacity is to be solved by an arbitrator.
    - In addition, arbitration applies to : a dispute referred by agreement; a dispute concerning the application of a collective agreement, a breach of a contract of employment, a wages order and a dispute concerning the underpayment of any monies due under the Labour Code. (art. 226 (2) LC)

Madagascar - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 20 LC.

Reinstatement available: No

Remarks:
  • The only remedy available for unfair dismissal ("licenciement abusif") is the payment of damages.

Preliminary mandatory conciliation: Yes

Remarks:
  • - Art. 207 LC: The dual mission of the labour jurisdiction is to settle the dispute by conciliation or adjudicate if conciliation fails.
    No further information in the LC as to the conciliation process before the labour tribunal.
    - In addition, preliminary extra judicial conciliation is available before the Labour Inspector if requested by either party. Such preliminary settlement is not mandatory if the employment relationship has been terminated (see Arts. 199 and 200 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 205 LC.

Existing arbitration: No

Malawi - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 63(4) and (5) EA. The amount of compensation shall be such amount as the court considers just and equitable in the circumstances. However, statutory minimum thresholds are foreseen in art. 63 (5) of the EA.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal shall not be less than:
- 1 week's pay for each year of service for a worker who has served for not more than 5 years;
- 2 weeks' pay for each year of service for a worker who has served for more than 5 and less than 10 years;
- 3 weeks' pay for each year of service for a worker who has served for more than 10 years and not more than 15 years;
- 1 month's pay for each year of service for a worker who has served for more than 15 years.

Remarks:
  • Art. 65 (5) EA.
    The Act foresees an additional amount to be awarded by the Court when dismissal was based on prohibited grounds.

    Note that according to art. 65 (6) EA, if an order of reinstatement or re-engagement made by the Court is not complied with by the employer, the employee is entitled to an award equivalent to 12 weeks' wages, in addition to a compensatory award.

Reinstatement available: Yes

Remarks:
  • Art. 63 (1) a) EA.
    When deciding which remedy to award, the Court shall first consider the possibility of ordering reinstatement (art. 63 (2) EA).

Preliminary mandatory conciliation: Yes

Remarks:
  • Prior to the settlement of the dispute before the Court, the matter is lodged to a Regional/District Labour Officer before a Labour Officer for conciliation: art. 62, 64 EA and art. 44(1) LRA. This preliminary phase of extra-judicial conciliation is compulsory for the parties.

    In addition, preliminary conciliation before the Registrar of the Industrial Relations Court: Rule 5 (3),(4) (5) of the Industrial Relations Court (Procedure) Rules, 1999.
    Conciliation is carried out by the Registrar, if requested by the parties or if directed by the Court to do so.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 62(1), 64 and 65 EA.
    See also the part on dispute settlement (art. 42-45) of the Labour Relations Act, 1996

Existing arbitration: No

% of dismissals out of the total number of disputes: 65 %

Remarks:
  • Figure calculated on the basis of the statistics provided in the Annual Report of the Industrial Relations Court of Malawi for the period between July 2007 and June 2008.
    The figures represents the percentage of disputes pertaining to unfair dismissals out of the total number of disputes disputes registered by the "Principal registry" and the "Lilongwe Registry".

Morocco - 2019    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 41 LC

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1,5 months' pay per year of service but cannot exceed 36 months' pay.

Remarks:
  • Art. 41 LC

Reinstatement available: Yes

Remarks:
  • Art. 41 LC

Preliminary mandatory conciliation: No

Remarks:
  • No mandatory conciliation before the court.
    However, possibility to resort to extra-judicial conciliation before the Labour Inspectorate to claim reinstatement or damages (art. 41 LC)

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • Art. 41 LC refers to the competent tribunal. No labour court in Morocco.

Existing arbitration: No

Namibia - 2013    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • No legal limits on the amount of compensation for unfair dismissal to be awarded by the arbitrator (see sec. 86(15) c) LA)

Reinstatement available: Yes

Remarks:
  • Sec. 86(15) d) LA.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 86(5) LC: "Unless the dispute has already been conciliated, the arbitrator must attempt to resolve the dispute through conciliation before beginning the arbitration."
    See also art. 85(6) LC: "If the conciliation attempt is unsuccessful, the arbitrator must begin the arbitration".

Competent court(s) / tribunal(s): labour court

Remarks:
  • The Labour Court will only be competent to hear appeals against an arbitrator's award
    * on any question of law alone;
    * in the case of an award in a dispute initially referred to the labour Commissioner concerning the fundamental rights, on a question of fact, law or mixed fact and law (sec. 89 (1) LA).

Existing arbitration: Yes

Remarks:
  • Arbitration is the ordinary mechanism settling disputes relating to the breach of a contract of employment or a collective agreement (see sec. 84 to 86 LA). Any party to such dispute may refer it in writing to the Labour Commissioner or any labour office which will then refer the dispute to an arbitrator to attempt to resolve the dispute through arbitration; (sec. 86 (1) LA).
    If the dispute concerns a dismissal, it must be done within six months after the date of the dismissal.

Length of procedure: 12 month(s)

Remarks:
  • Between 3 and 12 months depending on Court scheduling.

    See: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

    "The Committee notes the information contained in the Government's report received in October 2011 in reply to the 2009 direct request. (...) The Government further reports that the average time to examine the appeals is done in accordance with the Labour Court Rules and ranges between three to 12 months, or more depending on Court scheduling."

% of dismissals out of the total number of disputes: 70 %

Remarks:
  • See: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

    "The Committee notes the information contained in the Government's report received in October 2011 in reply to the 2009 direct request. The Government reports that 70 per cent of 3,100 registered labour disputes concerned termination of employment (unfair dismissals). Some of the disputes were successfully conciliated while others were referred to arbitration. Out of 86 appeals and reviews that were filed at the Labour Court, 70 were unfair dismissal claims."

Notes / Remarks
See: Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

"The Committee notes the information contained in the Government's report received in October 2011 in reply to the 2009 direct request. The Government reports that 70 per cent of 3,100 registered labour disputes concerned termination of employment (unfair dismissals). Some of the disputes were successfully conciliated while others were referred to arbitration. Out of 86 appeals and reviews that were filed at the Labour Court, 70 were unfair dismissal claims. The Government further reports that the average time to examine the appeals is done in accordance with the Labour Court Rules and ranges between three to 12 months, or more depending on Court scheduling. The Committee notes that there were 3,089 terminations for economic or similar reasons between 1 April 2010 and 31 March 2011".

Niger - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 91(2) and 92 LC: The amount of damages for unfair dismissal is fixed by the Court, in light of any circumstances establishing the existence and the extent of the harm incurred, including the local custom, the type and importance of the services rendered, the employee's seniority and age, any deductions or payments made to a retirement plan, and other established right.

    Art. 475 Implementing Decree of August 2017: The amount of damages in case of unfair dismissal of a workers' representative can reach 36 months of salary.

Reinstatement available: Yes

Remarks:
  • The LC does not contain any provision on reinstatement and only provides for the payment of damages in the event of unfair dismissal (Art. 91(2) LC).However, in practice, reinstatement seems to be ordered by the labour courts. See, e.g. Direct Request by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) on the application of Convention No. 158 (2011) [link available under "Scope of additional information"] :
    "The Government indicates that the labour tribunal has the power to declare the termination invalid and to propose reinstatement should it identify any irregularity in the grounds and procedure for termination. The Government also indicates that, if the employer rejects the request for reinstatement, it is required by law to pay the worker compensation"

    New in Sept. 2012:
    Art. 227 LC: Any dismissal of a workers' representative carried out without the prior consent of the labour inspector or despite the application for authorization being rejected /dismissed is null and void and will therefore entail reinstatement of the worker. Under the previous LC, reinstatement was not available in such cases.

    Art. 475 Implementing Decree of August 2017: Reinstatement possible in case of unfair dismissal of workers' representatives.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 305 LC: Conciliation shall be part of the procedure before the labour court.
    In addition, before starting any judicial proceedings, the parties can resort to extra-judicial conciliation before the Labour Inspectorate (Art. 317 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 289 LC.

Existing arbitration: No

Remarks:
  • In the LC, arbitration is only foreseen for the resolution of collective labour disputes.

Burden of proof: both

Remarks:
  • Economic dismissal - Art. 85 LC: In the event of litigation, the burden of proof of the economic nature of the dismissal and of the respect of the order of dismissals is the responsibility of the employer.

Nigeria - 2013    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Remedies for unlawful termination (breach of contract) or wrongful dismissal without notice are limited to damages for the equivalent amount the employee would have been entitled to, had the contract not been unlawfully terminated. Therefore, in the event of unlawful termination, the employee is entitled to compensation equivalent to what the employee would have earned during the notice period.
    In the event of wrongful dismissal without notice (for gross misconduct), the damages awarded corresponds to the amount the worker would have earned if he or she had continued working under the employment contract until this contract was lawfully terminated.
    Nigerian law excludes damages for injured feelings (following the English case of Addis v. Gramophone Co. [1908] AC 488.)

Reinstatement available: Yes

Remarks:
  • Reinstatement is only available in limited circumstances (in particular, when the termination was based on the employee's trade union activities).

    See: Chioma Kanu Agomo, 'Part I. Individual Employment Relations' (August 2010), pp. 39¿72, in Prof. Dr R. Blanpain, Prof. Dr M. Colucci (Eds.), International Encyclopaedia for Labour Law and Industrial Relations (Kluwer Law International BV, The Netherlands), pp. 62-63, paras. 158-159:
    " The regular courts have consistently declined employee's request for reinstatement as appropriate remedy for wrongful termination (see Chukwuma v. Shell Petroleum Development Company of Nigeria Ltd (1993) 4 NWLR 512; Sule v. Nigerian Cotton Board (1985) 2 NWLR 17; New Nigeria Bank Ltd v. Oniovosa (1995) 7 NWLR 691)"
    This principle applies to the private sector, reinstatement is an available remededy for wrongful termination in the public sector.
    The National Industrial Court has recognized that reinstatement can be ordered in two cases: the first one being when the termination is the result of the trade union activities of the employees prohibited under sec. 9(2) LA, the second one being (in line with the ordinary courts rulings) when an office or employment has a 'statutory flavour', which means that its conditions of service are provided for and protected by statute or regulations and any person holding that office or in that employment enjoys a special status. If the procedure laid down by the applicable statute for dismissing such a person is not complied with, then the dismissal will be null and void, and the person will be reinstated.

Preliminary mandatory conciliation: No

Remarks:
  • No information found.

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Until the adoption of the National Industrial Court Act (2006), individual employment claims (including on wrongful terminations) were only handled by ordinary court. However the 2006 Act now confers jurisdiction to the National Industrial Court over individual employment disputes.

Existing arbitration: Yes

Remarks:
  • Only trade disputes can be referred to the Industrial Arbitration Panel. This institution does not generally deal with individual or rights disputes unless these disputes are part of a trade dispute. A trade dispute includes any "dispute or difference between employers and workers which is connected with the employment or non-employment of any person".
    In any cases, an individual employment dispute can always be settled by private arbitration if the parties so agree.

Rwanda - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 33 LL.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- Workers with up to 10 years of service:
Not less than 3 months' salary and up to a maximum of 6 months' salary.

- Workers with over 10 years of service:
Not less than 3 months' salary and up to a maximum of 9 months' salary.

- Trade union and staff representatives (regardless of seniority) :
Not less than 3 months' salary and up to a maximum of 9 months' salary.

Remarks:
  • Art. 33 LL.

Reinstatement available: No

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. 140 LL:
    When an individual labour dispute arises, the concerned party shall request the workers' delegates (staff representative) to settle it amicably.
    - In case the dispute is not settled, it shall be referred to the Labour Inspector for an out-of-court settlement.
    - When conciliation efforts fail, the dispute may be taken before the competent court.
    - If the above mentioned steps have not been followed, the court may declare the claim inadmissible.

Competent court(s) / tribunal(s): ordinary courts

Existing arbitration: Yes

Remarks:
  • Only for collective labour disputes (arts. 144-150 LL)

Senegal - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. L56 LC

Reinstatement available: Yes

Remarks:
  • Art. L217 LC. Reinstatement when a worker's representative has been dismissed without prior authorization from the Labour Inspector.

Preliminary mandatory conciliation: Yes

Remarks:
  • Art. L251 LC: conciliation is part of the procedure to be followed before the labour courts.

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. L229 LC

Existing arbitration: No

South Africa - 2019    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • See sec. 194 LRA.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Compensation for unfair dismissals (unfair reasons or unfair procedure): not more than 12 months' wages calculated at the employee's rate of remuneration on the date of dismissal.

2) Compensation for automatically unfair dismissals (those based on prohibited grounds): not more than the equivalent of 24 months' wages.

Remarks:
  • Sec. 194 LRA.

Reinstatement available: Yes

Remarks:
  • Sec. 193(1) a) and (2) LRA.
    Reinstatement or re-employment is mandatory unless:
    (a) the employee does not wish to be reinstated or re-employed;
    (b) the circumstances surrounding the dismissal are such that a continued employment relationship would be intolerable;
    (c) it is not reasonably practicable for the employer to reinstate or re-employ the employee; or
    (d) the dismissal is unfair only because the employer did not follow a fair procedure.

Preliminary mandatory conciliation: Yes

Remarks:
  • Pursuant to sec. 191 LRA, within 30 days of the date of the dismissal, the employee may refer the dispute about the fairness of the dismissal to a special bargaining council or to the Commission for Conciliation, Mediation and Arbitration, if no council has jurisdiction which must attempt to resolve the dispute through conciliation. If the council or the Commission does not succeed in resolving the dispute through conciliation, it is referred to arbitration by the Commission or adjudication by the Labour Court depending on the nature of the dispute (see below).

Competent court(s) / tribunal(s): labour court

Remarks:
  • The LRA establishes an independent, tripartite Commission for Conciliation, Mediation and Arbitration (CCMA) [see below] and a Labour Court (Chapter VII of the LRA) which both have jurisdiction over disputes of unfair dismissals depending on the nature of those dismissals (see sec. 191 (5) LRA.)
    If conciliation fails, the dispute will be referred to the Labour Court for adjudication if the employee has alleged that the reasons for dismissal are: (i) automatically unfair (see prohibited grounds); (ii) based on the employer's operational requirements (includes economic reasons); (iii) the employee's participation in a strike; or (iv) because the employee refused to join, was refused membership of or was expelled from a trade union party to a closed shop agreement.

    In addition, sec. 191(6) LRA states that the director of the Commission must refer the dispute to the Labour Court, if the director decides, on application by any party to the dispute, that to be appropriate after considering-
    (a) the reason for dismissal;
    (b) whether there are questions of law raised by the dispute;
    (c) the complexity of the dispute;
    (d) whether there are conflicting arbitration awards that need to be resolved;
    (e) the public interest.

    In the case of dismissals adjudicated by the Labour Court, an appeal against the decision of the Court is possible. Appeals from the Labour Court will be heard by the Labour Appeal Court.

    Common law claims for breach of contract in the ordinary civil courts are also possible.

Existing arbitration: Yes

Remarks:
  • See sec. 191 5 (a) LRA on mandatory arbitration.
    the bargaining council or CCMA for arbitration if (i) the employee has alleged that the reason for dismissal related to the employee's conduct or capacity, (ii) the employee has alleged that the reason for dismissal is that the employer made continued employment intolerable or the employer provided the employee with substantially less favourable conditions or circumstances at work after a transfer, (iii) the employee does not know the reason for dismissal; (iv) the dispute concerns an unfair labour practice.

Tanzania, United Republic of - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 40(1)c) ELRA (see below: minimum 12 months' pay).

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
-In case of unfair dismissal, the labour court or an arbitrator may order the employer to pay compensation to the worker of not less than twelve months' remuneration.
- Where an order of reinstatement or re-engagement is made by an arbitrator or court and the employer decides not to follow it, the employer shall pay compensation of twelve months wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment.

Remarks:
  • Arti. 40(1)c) ELRA.

Reinstatement available: Yes

Remarks:
  • Art 40(1)a) ELRA: If the labour court or an arbitrator finds the dismissal unfair, the court or the arbitrator may order the employer to reinstate the employee from the date the employee was terminated without loss of remuneration during the period
    that the employee was absent from work due to the unfair
    termination. They can also order the employer to re-engage the employee on any terms by them decided (art. 40(1)c) ERA).

Preliminary mandatory conciliation: No

Remarks:
  • No preliminary mandatory conciliation as such.
    However, the ELRA provide for an optional preliminary mediation:an employee who wishes to contest a dismissal may refer the dispute to the Commission for Mediation and Arbitration established under section 12 of the Labour Institutions Act of 2004 (No. 7). The Commission will appoint a mediator to mediate the dispute, decide the time, date and place of the mediation hearing and advise the parties of this. (art. 86(3) ELRA). The mediator should resolve the matter within thirty days of the referral or longer if the parties agree to it. Where the mediator fails to resolve the complaint within the agreed upon period of time, it is referred to either arbitration or to the Labour Court. The Labour Court may refuse to hear a complaint if the complaint has not been referred to mediation, if the mediation has not been conducted according to the ELRA, or if the application is not urgent (art. 94(2) ELRA).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Where the mediator fails to resolve the complaint within the agreed upon period of time, it is referred to either arbitration or to the Labour Court (see art. 40 ELRA: remedies for unfair termination to be awarded by the Labour Court or an arbitrator).
    The Labour Court means the Labour Division of the High Court established under section 50 of the Labour Institutions Act, 2004 (art. 4 ELRA).
    The Labour Court which has exclusive jurisdiction over the application, interpretation and implementation of provisions of the ELRA, may refuse to hear a complaint if the complaint has not been referred to mediation, if the mediation has not been conducted according to the ELRA, or if the application is not urgent (art. 94 ELRA).

Existing arbitration: Yes

Remarks:
  • In the event the mediator fails to resolve the dispute, it is referred to either arbitration or to the Labour Court (art. 86(7) ELRA)
    For the purposes of arbitration, a dispute is defined to include a complaint over the fairness or lawfulness of an employee's termination of employment (Art. 88(1)b) ELRA).

Tunisia - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • See art. 23bis LC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
- If the dismissal is not justified by a genuine and serious reason, compensation varies from one or two months' salary for each year of service, up to a maximum of three years' salary (art. 23bis LC).
The existence and the extent of the employee's losses are determined by the court, taking into account the worker's qualifications, his or her length of service in the firm, age, remuneration, family situation, the impact of dismissal on his or her retirement, compliance with the specified procedures and any special circumstances.

- If the dismissal is justified by a genuine and serious reason, but has been effected without observing the procedures prescribed by the law or by collective agreements, the dismissal is considered unfair (abusif"), but the amount of damages is limited to an amount between one and four months' salary (art. 23bis LC).

- The amount of damages for unfair termination of a contract of employment for a specified period corresponds to the payment due for the remaining contract period or for the remaining work left to perform (art. 24 LC).

Reinstatement available: No

Remarks:
  • A worker who is unfairly dismissed cannot claim to be reinstated into the enterprise. Compensation is the only remedy for unfair dismissal (art. 23 LC).

Preliminary mandatory conciliation: Yes

Remarks:
  • Preliminary mandatory conciliation before the Labour Court (Conseil de prud'hommes): art. 207 LC.

Competent court(s) / tribunal(s): labour court

Remarks:
  • A specialized labour court (Conseil de prud¿hommes) which is of tripartite composition has jurisdiction over individual labour disputes. Appeals against its decisions are heard by the ordinary Courts of Appeal (arts. 183 and 221 LC).

Existing arbitration: No

Uganda - 2013    

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Compensation for unfair dismissal - free determination by court: No

Remarks:
  • Art. 78 EA.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
Compensation for unfair dismissal includes a basic compensation of 4 weeks' wages + additional compensation at the discretion of the labour officer which shall not be less than one month's wages and more than 3 months' wages (= minimum 2 months' wages and maximum 4 months' wages in total)

Remarks:
  • Art. 78 (1) EA.

Reinstatement available: Yes

Remarks:
  • Art. 71 (5) a) and (6) EA: in the event of unfair dismissal, the employee shall be reinstated or re-employed unless a) the employee does not wish to be reinstated, b) continuation of the employment relationship would be intolerable, c) it is not reasonable practical to do so, or d) the dismissal unfair only because the employer did not follow a proper procedure.

Preliminary mandatory conciliation: No

Remarks:
  • Conciliation is foreseen in the legislation; it is however not compulsory.
    According to art. 93(2) EA, a labour officer is competent to hear and to settle by conciliation or mediation a complaint concerning infringement of the provisions of the Act, or breach of obligations owed under the Act by either party to an employment contract.
    In addition, art. 8 of the Labour Disputes (Arbitration and Settlement) Act (2006) provides that one of the ways available to the labour officer to deal with a complaint is "to meet with the parties and endeavour to conciliate and resolve the dispute".

Competent court(s) / tribunal(s): labour court; administrative body

Remarks:
  • - Pursuant to Art. 71(2) EA, a complaint of unfair termination shall be lodged to the labour officer within 3 months from the date of dismissal. The Labour officer is competent to order remedies for unfair dismissal (reinstatement or compensation)
    According to art. 91 EA, appeals against the decisions of labour officer are heard by the Industrial Court.
    - Disputes concerning unjustified summary dismissals are heard by the labour officer, as provided in art. 70 EA.
    - In addition, any tort claim arising out of the employment relationship shall be brought before ordinary courts. (art. 93(6) EA)

Existing arbitration: No

Remarks:
  • No information found on separate alternative individual labour dispute resolution mechanisms. However, according to art. 93(2), the labour officer may settle by conciliation or mediation a complaint concerning infringement of the provisions of the Act, or breach of obligations owed under the Act by either party to an employment contract.

Notes / Remarks
Complaints of unfair dismissals are only available to employees who have employed for at least 13 weeks before the date of the dismissal (art. 71 EA)

Zambia - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Sec. 85A ILRA: The Industrial Relations Court may award damages or compensation for loss of employment.
    See also sec. 108 ILRA on discriminatory dismissals and 5 (5) ILRA on dismissal in connection with trade union activities.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
When the competent labour officer decides that the circumstances of the case do not warrant summary dismissal, the employee so dismissed in entitled to "payment of severance benefits" of not less than 2 months basic pay for each completed year of service" (MWCEGO sec. 12(3) and MWCESO: sec. 11(3)).

Reinstatement available: Yes

Remarks:
  • See sec. 85A ILRA and 108 ILRA.
    - Sec. 85A ILRA (general powers of the Industrial Relations Court): The Court may "make an order for reinstatement, re-employment or re-engagement".
    - Sec. 108(3)b) ILRA (discriminatory dismissals): "The Court shall, if it finds in favour of the complainant:
    a) grant to the complainant damages or compensation for loss of employment;
    b) make an order for re-employment or reinstatement in accordance with the gravity of the circumstances of each case"

Preliminary mandatory conciliation: No

Remarks:
  • No preliminary mandatory conciliation.
    However, optional conciliation is foreseen in rule 46 of the Industrial Relations Courts Rules (annexed in the ILRA) which states that:
    "In exercising its powers under these Rules, the Court may, whether by adjourning any proceedings or otherwise, use its best endeavours to ensure that, in any case in which it appears to the Court that there is a reasonable prospect of agreement being reached between the parties, they are enabled to avail themselves of the services of conciliation officers or of other opportunities for conciliation".

Competent court(s) / tribunal(s): labour court

Remarks:
  • See sec. 85 (4), 85A and 108 ILRA.
    The Industrial Relations Court has jurisdiction over matters specified under the ILRA, such as termination on the grounds of trade union membership or activity and on discriminatory grounds which shall be made within 30 days of the termination (sec. 108 ILRA).
    According to sec. 85(4), ILRA, the court also has jurisdiction to "hear and determine any dispute between any employer and an employee notwithstanding that such dispute is not connected with a collective agreement or other trade union matter". Complaints must be made within 30 days of the event complained of, unless leave is obtained (sec. 85 ILRA).

Existing arbitration: No