SUMMARY NOTE
• Introduction on Dispute Handling Unit.
• Procedures of filing the Complaint.
• Issuance of Summons.
• Notice of Hearing for Mediation.
• Hearing Stage.
• Finalizing Mediation.
• Issuing of Certificate.
• Important Considerations.
• Referral to Arbitration.

1. INTRODUCTION:
   DISPUTE HANDLING UNIT (DHU) is a special Unit under the commission to deal with all labour disputes referred to the commission as provided under the section 72 of the Labour Relations Act No. 1 of 2005.

2. PROCEDURES OF FILING A CASE AT DHU:
Note: All procedures dealing with labour disputes at DHU are guided by the provisions of (Mediation and Arbitration) Regulations of 2011, as follows:

• Filing the Complaint Form: Acquire and complete the Complaint Form, available at the Labour Commission’s office, referred to as Referral Form No. DHU 1 under the regulation. The complainant will be referred to as the ‘Referral Party.’
• The complaint should clearly outline the nature of the dispute, the relief being sought, and the legal basis for the claim.
• Ensure you provide specific details about the employment relationship and the alleged violation.
  Additionally, gather any relevant documents, such as employment contracts, termination letters, pay slips, and any correspondence related to the dispute.

3. ISSUANCE OF SUMMONS:
When a labor dispute has been properly initiated, the Unit shall ensure that the Referral Form and a summons to appear are served to the ‘other party’ on a specified date. Each summons must be in the prescribed Form No. DHU.2. The Referral Form and summons may be served to the other party through one of the following methods:
• Delivering it directly to the person concerned;
• Providing it to a legally authorized representative;
• Handing it to an adult in charge at the person’s residence, business, or place of employment at the time;
• Leaving a copy of the Referral Form at an address designated by the person to receive service;
• Faxing a copy of the Referral Form to the person’s fax number or another number designated by them for service;
• Sending a copy of the Referral Form by registered post to the last known address of the party or an address chosen by the party to receive service.

4. NOTICE OF HEARING FOR MEDIATION:
The Unit shall give the parties at least 14 days’ notice in writing of the mediation hearing unless the parties agree to a shorter period of notice. The parties shall be given at least seven (7) days’ notice of any further meetings, although the parties may agree to a shorter period of notice. Every notice inviting the parties shall state the date, place and time of attendance and shall be signed by the officer of the Unit and stamped.

5. HEARING STAGE:
Both parties will have the opportunity to present their case, while the labour officer will have a chance to help parties to reach a mutual consent and settlement.

6. FINALIZING MEDIATION PROCESS:
The Mediator shall keep a careful record of proposals and counterproposals made by all parties and shall, at an appropriate stage, draft a document that starts to reflect the developing consensus between the parties. Where the parties have reached settlement, the Mediator shall draft a settlement agreement or assist parties in developing such an agreement in Form No. DHU 3 prescribed in the First Schedule of the Regulations.

The Mediator shall ensure that the settlement agreement:-

• Is clearly understood by all parties;
• Does not create further disputes;
• Is clear and concise;
• Includes a procedure for dealing with any disputes that may arise from the application or interpretation of the agreement;
• Caters for any ratification process if required; and
• Is signed by all parties to the dispute

7.  ISSUING OF CERTIFICATE OF SETTLEMENT OR NON-SETTLEMENT:

      The Mediator shall issue a certificate in Form No. DHU 4 prescribed in the First Schedule of the Regulations as soon as is practicable after mediation has been finalized, stating whether the dispute has been settled or not. The Mediator shall in the certificate, identify the nature of the dispute for the purposes of determining what rights the parties have in terms of the Employment Act 2005 and the Act.

• MOST ISSUES TO CONSIDER IN FILING LABOUR DISPUTES AT DHU:
• TIME LIMIT: A labour dispute about the fairness of employees’ termination of employment must be referred to the Unit within 14 days from the date of termination or the date that the employer made a final decision to terminate or uphold the decision to terminate, as per the Regulation 22 (1).
• JURISDICTIONAL ISSUES: Ensure that the dispute falls under the jurisdiction of the Labour Commission and competency of Mediator or Arbitrator to handle the dispute, as per the Regulation 24.  

8. REFERRING THE DISPUTE FOR ARBITRATION

  According to regulation 41 and subject to section 75 of the Labour Relations Act No. 1 of 2005, where the Mediator has failed to resolve the dispute and issues a ertificate of Non-Settlement, he or either party shall refer the matter to the Officer in Charge together with the certificate, who shall appoint an Arbitrator from a panel of Arbitrators to handle the dispute. Notice of arbitration hearing

  The Officer in Charge shall give parties at least fourteen (14) days’ notice in writing of an arbitration hearing, unless the parties agree to a shorter period

  THE ARBITRATION PROCESS INVOLVE THE FOLLOWING FIVE STAGES.

• Introduction: The Arbitrator shall introduce and welcome the parties, obtain a register of all parties in attendance, determine the language in which proceedings are to be conducted and if there is a need for interpretation, ensure the presence of an interpreter.
•  Opening statements and narrowing of issues: Each party to the dispute shall provide a concise opening statement containing a statement of the issue or issues in dispute, a brief outline of the dispute; and an indication of the outcome that party will seek at the conclusion of the arbitration.
• Evidence: The parties shall attempt to prove their respective cases through evidence and witnesses shall testify under oath through all stages of examination of witnesses
• Argument: parties shall be given opportunity to make closing arguments based on the facts admitted or presented to the Arbitrator. Closing arguments shall containing a restatement of the issue or issues in dispute, an analysis of the facts, and submissions.
• Award: The Arbitrator shall write and sign a concise award containing the decision with reasons within 30 days time from the last hearing date.

This is according to regulations 47,48,49,50,51 and 52 of the Mediation and Arbitration) Regulations of 2011.

Disclaimer: This article is authored by Faridi Bakari Chambali, from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.