Employment
Employment Act 1980 with CMAC conciliation and an Industrial Court
The Employment Act 5 of 1980 and the Industrial Relations Act 1 of 2000 govern employment. The Conciliation, Mediation and Arbitration Commission handles disputes before the Industrial Court. Dismissal requires a fair reason and procedure, and the Industrial Court may order reinstatement or compensation.
Key rules
- Jurisdiction — CMAC conciliates and arbitrates; the Industrial Court determines; the Industrial Court of Appeal hears appeals.
- Deadline — Unfair dismissal: reported to CMAC within 18 months of the dismissal
- Deadline — Industrial Court appeals lie to the Industrial Court of Appeal
Governing law
- Employment Act 5 of 1980
- Industrial Relations Act 1 of 2000
- Workmen's Compensation Act 7 of 1983
In practice
The Industrial Court is well established and its jurisprudence on unfair dismissal is the most developed body of Eswatini case law, in part because it is the one forum where employer conduct is routinely and publicly tested.