6
CAP. 25]
Labour Tribunal
[1989 Ed.
8A. Bankruptcy petitions and petitions for winding up
(1) The tribunal shall not have jurisdiction to inquire into, hear or determine
(a) any claim brought by way of a bankruptcy petition under the Bankruptcy Ordinance (Cap. 6) or by way of a petition for winding up under the Companies Ordinance (Cap. 32); or
(b) any claim submitted to proof in a bankruptcy or winding up under those Ordinances.
(2) An order of a court made on or after 1 March 1973 on a petition mentioned in subsection (1), and anything done under the order, including any decision on a claim submitted to proof, shall not be invalid by reason only that the claim upon which the petition was founded or the claim submitted to proof was within the jurisdiction of the tribunal.
(Added 40 of 1981 s. 2)
9. Limitation
(1) Subject to subsection (2), the tribunal shall not have jurisdiction to inquire into or determine a claim or part of a claim if the cause of action arose more than 12 months before the date on which the claim is filed, unless the parties to the claim, by a memorandum signed by them and filed with the registrar, have agreed that the tribunal shall have jurisdiction. (Amended 41 of 1979 s. 2)
(2) When the cause of action in a claim arose partly before and partly after the 12 month period of limitation prescribed by subsection (1), the tribunal may, with the consent of the parties, sever that part of the claim over which it has no jurisdiction and hear and determine the part over which it has jurisdiction. (Amended 41 of 1979 s. 2)
(3) Nothing in this section shall preclude the institution of proceedings in the High Court or in the District Court in respect of a claim which, by reason of the expiration of the limitation period prescribed by subsection (1), is not actionable in accordance with this Ordinance.
10. Declining jurisdiction
(1) The tribunal may, at any stage of proceedings, if it is of the opinion that for any reason the claim should not be heard and determined by it, decline jurisdiction.
(2) The tribunal may, when it declines jurisdiction under subsection (1), transfer the claim to the High Court or the District Court, in such manner as may be prescribed.