LABOUR ACT [Chapter 28:01] (as amended) (e) the tariff of fees which may be charged by legal practitioners or a registered trade union or employers organisation for the purpose of paragraph (b) of section ninety-two in respect of any matter relating to the Labour Court; (f) allowances and other payments to witnesses summoned to give evidence or to produce any book or document in any proceedings; (g) any other matter which the Presidents of the Labour Court consider should be provided for in rules in order to ensure or facilitate the proper dispatch and conduct of the business of the Labour Court: Provided that in any case not covered by the rules referred to in this subsection, the Labour Court shall act in such manner as it considers best fitted to do substantial justice and effect and carry out the objects of this Act, and for that purpose the Labour Court may give instructions on the course to be pursued which shall be binding on the parties to the proceedings. (4) Rules in terms of subsection (3) shall not have effect until they have been approved by the Chief Justice and the Minister responsible for justice and published in a statutory instrument. 91 Sittings of Labour Court The Labour Court shall sit at such places and at such times as may be prescribed or as the Senior President of the Labour Court may direct. 92 Representation of parties A party to a matter before the Labour Court may appear in person or be represented and appear by— (a) a legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07]; or (b) an official or employee of a registered trade union or employers organisation of which the party is a member. 92A Contempt of Labour Court (1) If any person, at a sitting of the Labour Court, wilfully insults any member of the Court or wilfully interrupts the proceedings of the Court or otherwise wilfully disturbs the peace or order of the proceedings, the member presiding may order the person to be removed and detained in custody until the rising of the Court. (2) Any person referred to in subsection (1) shall be guilty of an offence and liable, in addition to any removal and detention in terms of that subsection, to a fine not exceeding three thousand dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 92B Effective date and enforcement of decisions of Labour Court (1) The Labour Court may fix the date from which any decision, order or determination made by it shall operate, which date may be an earlier or later date than the date of the decision, order or determination. (2) The President of the Labour Court who made the decision, order or determination shall submit sufficient certified copies of it to the regisRe-issue trar of the Labour Court to enable the registrar to furnish a copy to each of the parties affected by it. (3) Any party to whom a decision, order or determination relates may submit for registration the copy of it furnished to him in terms of subsection (2) to the court of any magistrate which would have had jurisdiction to make the order had the matter been determined by it, or, if the decision, order or determination exceeds the jurisdiction of any magistrates court, the High Court. (4) Where a decision, order or determination has been registered in terms of subsection (3) it shall have the effect, for purposes of enforcement, of a civil judgment of the appropriate court. (5) If any order which has been registered in terms of subsection (4) has been rescinded or altered by the Labour Court in terms of section ninety-two C, the clerk or registrar of the court concerned shall make the appropriate adjustment in his register. 92C Rescission or alteration by Labour Court of its own decisions (1) Subject to this section, the Labour Court may, on application, rescind or vary any determination or order— (a) which it made in the absence of the party against whom it was made; or (b) which the Labour Court is satisfied is void or was obtained by fraud or a mistake common to the parties; or (c) in order to correct any patent error. (2) The Labour Court shall not exercise the powers conferred by subsection (1)– (a) except upon notice to all the parties affected by the determination or order concerned; or (b) in respect of any determination or order which is the subject of a pending appeal or review. (3) Where an application has been made to the Labour Court to rescind or vary any determination or order in terms of subsection (1), the Labour Court may direct that— (a) the determination or order shall be carried into execution; or (b) execution of the determination or order shall be suspended pending the decision upon the application; upon such terms as the Labour Court may fix as to security for the due performance of the determination or order or any variation thereof. 92D Appeals against decisions of Labour Court An appeal on a question of law shall lie to the Supreme Court from any decision of the Labour Court. PART XII RESOLUTION OF DISPUTES AND UNFAIR LABOUR PRACTICES 93 Powers of labour officers (1) A labour officer to whom a dispute has been referred, or to whose attention it has come, shall attempt to settle it through conciliation or, if agreed by the parties, by reference to arbitration. - 35 - 1st May 2003-