LEGAL PRINCIPLE: LABOUR LAW – Jurisdiction over Trade Disputes – Limited Scope of Section 1A of Trade Disputes (Amendment) Decree No.47 of 1992
PRINCIPLE STATEMENT
Section 1A of the Trade Disputes (Amendment) Decree No.47 of 1992 applies only to the commencement of new actions at first instance and the continuance of pending proceedings in courts other than the National Industrial Court as at 1st January 1992; it does not apply to final judgments in existence on that date or appeals against such final judgments.
RATIO DECIDENDI (SOURCE)
"Section 1A of the Trade Disputes (Amendment) Decree No.47 of 1992 applies only to the commencement of new actions at first instance and the continuance of pending proceedings in courts other than the National Industrial Court as at 1st January 1992. It does not apply to, and was not intended to affect, final judgments in existence on that date or appeals against such final judgments."
EXPLANATION / SCOPE
This principle establishes the temporal and procedural limits of legislation transferring jurisdiction over trade disputes to the National Industrial Court. Section 1A applies only to: (1) New actions commenced after 1st January 1992—must be filed in the National Industrial Court; (2) Pending proceedings as at the effective date—continue in original courts but subject to possible transfer; (3) Final judgments and appeals existing on that date—remain unaffected by the jurisdictional transfer. The rationale for excluding final judgments and appeals is that retroactive application would violate principles of finality, vested rights, and legal certainty. Courts that had proper jurisdiction when proceedings were initiated and decided retain authority over appeals. This interpretation prevents disruption of the established appellate process, protects parties’ rights to pursue appeals in the contemplated forum, and reflects the presumption against retrospective operation of statutes affecting jurisdiction and vested rights.