Section 98(9) of the Labour Act [Chapter 28:01] provides that:“(9) In hearing and determining any dispute, an arbitrator shall have the same powers as the Labour Court.”Thus, when an arbitrator makes an award, his position is akin to that of a court of law.A
court is defined to mean all ...
Section 98(9) of the Labour Act [Chapter 28:01] provides that:
“(9) In hearing and determining any dispute, an arbitrator shall have the same powers as the Labour Court.”
Thus, when an arbitrator makes an award, his position is akin to that of a court of law.
A
court is defined to mean all its judges sitting alone or with other
judges. This is because they have the same powers and exercise parallel
jurisdiction. Arbitrators are no different in this respect. Accordingly,
the res judicata and functus officio legal principles will apply should
the matter be brought before the same or a different judge, or...,
arbitrator.
