1989 Ed.]
Labour Tribunal
[CAP. 25
13
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25. Representative claims
(1) Subject to subsection (2), if 2 or more persons have claims against the same defendant, such claims may be brought in the name of one of such persons as the representative of some or all of them.
(2) The tribunal may, if at any stage of the proceedings, it considers that the bringing of a representative claim may prejudice the defendant, order that the claims of all or any of the persons represented shall be inquired into separately.
(3) Each person represented in a representative claim shall be deemed to have authorized the representative on his behalf to-
(a) call and give evidence and make submissions to the tribunal on any matter arising during the inquiry into the claim;
(b) file affidavits, statements or other documents;
(c) agree to a summary of facts prepared by a tribunal officer;
(d) agree to an adjournment or change of venue;
(e) agree to the holding of and to take part in conciliation;
(f) agree to a settlement of the claim on such terms as he may think fit;
(g) consent to the tribunal having jurisdiction over a claim pursuant to section 9;
(h) amend the claim in respect of all or any of the individual claims or to abandon the claim; and
(i) act generally in as full and free a manner as such claimant could act himself.
(4) The authority deemed to be given to a representative by subsection (3) shall not be withdrawn save by leave of the tribunal.
(5) In making an award in respect of a representative claim the tribunal may allocate such part of the award to each person represented as it thinks fit and the amount so allocated shall, for the purposes of section 38 of the Bankruptcy Ordinance (Cap. 6) and section 265 of the Companies Ordinance (Cap. 32) (which provide for prior payment in bankruptcy and winding-up of certain debts), be considered as a separate award.
(6) The tribunal may, at any time before making an award, grant leave to any person to join as a person represented in a claim on such terms as it may think fit.
(7) The tribunal may cause public notice to be given, in such manner as it may think fit, of the particulars of a representative claim which has been filed and of the date and place which have been fixed for the hearing of the claim.
26. Joint defendants
(1) If 2 or more persons are defendants to a claim, as partners or otherwise, it shall be sufficient to serve any of them with process and an award