TUTANI v MINISTER OF LABOUR MANPOWER PLANNING & SOCIAL SERVICES & ORS 1987 (2) ZLR 88 (H)

Flynote

Administrative law — review — whether exhaustion of domestic remedies required before review may be entertained by High Court.

Employment — Labour Relations Act 1985 and regulations made thereunder — appeal from decision of labour relations officer — nature of appeal hearing.

Headnote

The appeal procedure which is provided in respect of appeals from a decision of a labour relations officer is governed by ss 17 and 18 of the Labour Relations Act 16 of 1985. In particular, s 18 provides for an appeal to the Labour Relations Board, with the leave of the Regional Hearing Officer or a member of the Board. It also provides for witnesses to be summoned for each party to the dispute. It is clearly contemplated that the appeals provided in each instance are in the form of a hearing de novo, with each party afforded the right to give evidence and call witnesses.

In determining whether judicial review of the decision of an administrative tribunal is excluded or deferred and whether an applicant should first exhaust his domestic remedies, the court will have regard to a number of factors including: the subject-matter of the statute; the body or persons which makes the initial decision and the bases on which it is to be made; the body or persons who exercise appellate jurisdiction; the manner in which that jurisdiction is to be exercised, including the ambit of any rehearing on appeal; the powers of the appellant tribunal, including its power to redress or cure wrongs of a reviewable character; and whether the tribunal, its procedures and powers are suited to redress the particular wrong of which the applicant for review complains.