Step 1: Follow Internal Grievance Procedures
If you have an employment problem, your first step should be to follow your company's internal grievance procedures. This allows the employer a chance to address and resolve the issue directly.
Step 2: File a Complaint with the Labour Commissioner
If the internal grievance procedure does not resolve the problem, you should file a complaint with the Labour Commissioner within six (6) months of when the problem arose. To file your complaint, follow the steps outlined on the Department of Labour and Workforce Development’s Dispute Claim Service page
Step 3: Mediation or Conciliation by the Labour Commissioner
The Labour Commissioner has 30 days to attempt to resolve the complaint through mediation or conciliation. If the issue remains unresolved after this period, the matter will be referred to the Minister for settlement.
Step 4: Referral to the Minister
If the Minister is unable to resolve the dispute within 21 days of receiving it from the Labour Commissioner, the complaint may be forwarded to the Labour Arbitration Tribunal for settlement.
Step 5: Resolution by the Labour Arbitration Tribunal
The Labour Arbitration Tribunal is the final step in the dispute resolution process. However, an appeal to the High Court is possible, but only on points of law.
Direct Applications to the Tribunal
There are only two specific situations where you can apply directly to the Tribunal without going through the standard complaint process:
- Complaints Against the Crown by Non-Established Workers:
If you are a non-established worker within the public service and have a complaint against the Crown as your employer, and the breach would normally lead to criminal proceedings (but no criminal proceedings can be initiated against the Crown), you may file an application directly with the Tribunal.
- Appeal of Labour Commissioner’s Decision:
If you have been dealing with the Department of Labour and Workforce Development and are dissatisfied with the exercise of power by the Labour Commissioner, you can apply directly to the Tribunal for a review of the Labour Commissioner’s decision.
Case Management Hearing
Once the complaint is delivered to the Tribunal, the Secretary to the Tribunal will issue a Notice to all parties involved. This Notice will set a date for the Case Management Hearing and provide a timetable that both parties must follow before the hearing.
No Fees for Filing a Complaint
Appearing before the Tribunal is free of charge. There are no fees to file a complaint with the Tribunal.