{"issue_text":"Whether a Labour Officer can determine the issue of prescription at the conciliation stage, or whether such determination is a prerequisite to conciliation","issue_type":"law","dispositive":"yes","related_facts":"Labour Officer declined to determine prescription; matter referred to arbitration"}
{"issue_text":"Whether an arbitrator has jurisdiction to determine issues of prescription raised during conciliation proceedings","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator made finding on matter despite prescription issue not being determined by Labour Officer"}
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background
Facts of the Case
Background
The First Respondent referred a dispute to a Labour Officer. The Appellant raised a point in limine alleging the matter had prescribed under section 94 of the Labour Act. The Labour Officer declined to determine the prescription issue, issued a Certificate of No Settlement, and referred the matter to arbitration. The Arbitrator found the Labour Officer could not conciliate on the matter. The Appellant appealed, arguing the Labour Officer lacked jurisdiction to proceed without determining prescription.
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