WEDNESDAY, JANUARY 29, 1956

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BILL AIMS TO REMOVE ANOMALY *****

THE PURPOSE OF THE LABOUR TRIBUNAL (AMENDMENT) BILL 1986 WAS TO REMOVE AN ANOMALY EXISTING IN RELATION TO INTEREST ON AWARDS MADE BY THE LABOUR TRIBUNAL, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS SAID TODAY.

MOVING THE SECOND READING OF THE BILL, MR THOMAS SAID THAT THE CHIEF JUSTICE HAD POWER TO MAKE RULES UNDER THE LABOUR TRIBUNAL CRDINANCE (CAP. 25) TO PRESCRIBE THE RATE OF INTEREST ON AN AWARD IN THE LABOUR TRIBUNAL ON THE AMOUNT CLAIMED FOR ALL OR PART OF THE PERIOD FROM THE DATE WHEN THE CAUSE OF ACTION AROSE TO THE DATE OF THE AWARD.

AN AWARD DID NOT, HOWEVER, CARRY INTEREST THERE AFTER UNLESS AN ORDER WAS MADE UNDER SECTION 39(3) OF THE LABOUR ORDINANCE BY THE LABOUR TRIBUNAL.

+BECAUSE THE PARTIES IN THE LABOUR TRIBUNAL DO NOT HAVE LEGAL REPRESENTATION, THEY ARE USUALLY UNAWARE OF THE NEED TO ASK FOR SUCH AN ORDER.

+ IF THE TRIBUNAL ITSELF OVERLOOKS THE MATTER, AND IT MAKES NO ORDER, A SUCCESSFUL CLAIMANT RECEIVES NO INTEREST ON THE JUDGMENT DEBT AFTER THE DATE WHEN THE AWARD IS MADE.

+IT WILL NOT BE UNTIL THE CLAIMANT REGISTERS HIS AWARD IN THE DISTRICT COURT, THAT INTEREST WILL START TO RUN AGAIN AS FROM THE DATE OF REGISTRATION, HE SAID.

THE BILL NOW PROVIDES FOR AN AWARD TO CARRY INTEREST AUTOMATICALLY FROM THE DATE WHEN IT IS MADE BY THE LABOUR TRIBUNAL AT A RATE TO BE PRESCRIBED BY THE CHIEF JUSTICE.

+IT WILL THUS OBVIATE THE NEED FOR THE LABOUR TRIBUNAL TO MAKE AN ORDER.

+THIS ARRANGEMENT WILL BRIDGE THE GAP BETWEEN THE DATE OF AWARD AND THE DATE OF REGISTRATION OF SUCH AWARD IN THE DISTRICT COURT, HE SAID.

DEBATE ON THIS BILL WAS ADJOURNED.

O

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