LABOUR ACT [Chapter 28:01] (as amended) (d) appointing an arbitrator from the panel of arbitrators referred to in subsection (56 of section ninety-eight to hear and determine an application; (e) doing such other things as may be assigned to it in terms of this Act or any other enactment. (2) In the exercise of its functions, the Labour Court may— (a) in the case of an appeal— (i) conduct a hearing into the matter or decide it on the record; or (ii) confirm, vary, reverse or set aside the decision, order or action that is appealed against, or substitute its own decision or order; or (iii) exercise the same powers of review as would be exercisable by the High Court in relation to the decision, order or action that is appealed against or any proceedings connected therewith; or (iv) refer the matter back to the body, person or authority concerned for further consideration; (b) in the case of an application made in terms of subparagraph (i) of subsection (7) of section ninety-three, remit it to the same or a different labour officer with instructions directing that officer to attempt to resolve it in accordance with such guidelines as it may specify; (c) in the case of an application made in terms of subparagraph (ii) of subsection (7) of section ninety-three, make an order for any of the following or any other appropriate order— (i) back pay from the time when the dispute or unfair labour practice arose; (ii) in the case of an unfair labour practice involving a failure or delay to pay or grant anything due to an employee, the payment by the employer concerned to the employee or someone acting on his behalf of such amount, whether as a lump sum or by way of instalments, as will, in the opinion of the Labour Court, adequately compensate the employee for any loss or prejudice suffered as a result of the unfair labour practice; (iii) reinstatement or employment in a job: Provided that any such determination shall specify an amount of damages to be awarded to the employee concerned as an alternative to his reinstatement or employment; (iv) insertion into a seniority list at an appropriate point; (v) promotion or, if no promotion post exists, pay at a higher rate pending promotion; (vi) payment of legal fees and costs; (vii) cessation of the unfair labour practice; (d) in the case of an application other than one referred to in paragraph (b) or (c), or a reference, make such determination or order or exercise such powers as may be provided for in the appropriate provision of this Act; Re-issue (e) subject to subsections (3) and (4), make such order as to costs as the Labour Court thinks fit. (3) The costs in connection with any proceedings before the Labour Court shall be payable in accordance with the scale of costs for the time being in use in the court of a magistrate in civil cases, unless the person presiding over the Labour Court directs that the scale of costs for the time being in use in the High Court shall apply. (4) Any costs awarded by the Labour Court shall be taxed by the registrar of the Labour Court in terms of subsection (3) and the taxation of such costs shall be subject to review by a President of the Labour Court at the instance of any interested party. (5) For the purpose of taking evidence on any question before it, the Labour Court shall have the same powers as the High Court to summon witnesses, to cause the oath to be administered to them, to examine them and to call for the production of books, plans and documents. (6) No court, other than the Labour Court, shall have jurisdiction in the first instance to hear and determine any application, appeal or matter referred to in subsection (1). 90 Exercise of functions by Labour Court (1) The functions of the Labour Court may be exercised by one or more Presidents sitting by themselves or with one or more assessors chosen from the list prepared in terms of subsection (1) of section eighty-six. (2) Subject to subsection (3), all questions that fall to be decided by the Labour Court sitting with more than one member shall be decided by a majority of the members: Provided that— (i) where the opinions of the members of the Labour Court are equally divided on any question, the decision of the person presiding over the Labour Court shall be the decision of the Labour Court; (ii) no assessor shall have a voice in the decision of— A. any question of law; or B. any question as to whether a matter for decision is a question of fact or of law; or C. any question as to the admissibility of evidence. (3) Subject to this Part, the Presidents of the Labour Court may make rules for the Court providing for— (a) the practice, procedure and rules of evidence to be followed, including the determination of any preliminary point in any proceedings; (b) the service of notices and other documents required for the purpose of any proceedings; (c) the forms to be used for the purpose of any proceedings; (d) the fees to be paid in respect of the service or examination of documents and the doing of any other thing by the registrar of the Labour Court or any officer of the Labour Court in connection with any proceedings; - 34 - 1st May 2003-