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Enforcement Procedures of Decisions and Awards of the Labour Tribunal

Practice Direction 1 of 2024

Enforcement Procedures of Decisions and Awards of the Labour Tribunal
Citation
Practice Direction 1 of 2024
Primary work
Supreme Court Ordinance
Date
10 June 2024
Language
English
Publication
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Turks and Caicos Islands
Supreme Court Ordinance

Enforcement Procedures of Decisions and Awards of the Labour Tribunal

Practice Direction 1 of 2024

  • Published
  • Assented to on 4 June 2024
  • Commenced on 10 June 2024
  • [This is the version of this document from 10 June 2024.]
Made by the Chief Justice under section 16 of the Supreme Court Ordinance to provide enforcement procedures of decisions and awards of the Labour Tribunal.
1.CommencementThis Practice Direction shall come into effect on the 10th day of June 2024.
2.InterpretationIn this Practice Direction—"Tribunal" refers to the Labour Tribunal established under section 93 of the Employment Ordinance, Cap. 17.08;"Execution Creditor" refers to the person in whose favour an award has been made by the Labour Tribunal and who commences the process of enforcement at the Supreme Court under section 100(2) of the Employment Ordinance, Cap 17.08;"Judgment Debtor" refers to the person against whom an award has been made by the Labour Tribunal and against whom the award is to be recovered in the Supreme Court.
3.Recovery of amounts ordered to be paid
(1)Recovery of any amount ordered to be paid by the Tribunal to any person, including an award of compensation, shall be certified by the President of the Tribunal.
(2)A certificate given by the President under subparagraph (1) shall identify the person liable to pay the certified amount, to whom, and at what time.
(3)The certificate of the President shall be served on the party liable to pay monies by the person in whose favour the order or award of payment of monies is made.
(4)Where the sum of money to be recovered remains unpaid after the period allowed by the Tribunal, the person for whom the order or award was made by the Tribunal shall inform the Tribunal of the failure to recover, and the Tribunal shall issue a certificate signed by the President marked at the top left with the words "For Enforcement".
(5)The person for whom the order or award was made by the tribunal shall file the certificate of the President so marked "For Enforcement" together with his contact information, on the E-Filing portal or any electronic portal for the time being in use by the Supreme Court for the attention of the Registrar of the Supreme Court.
(6)The contact information required to be provided under subparagraph (5) shall include—
(a)the residential address;
(b)email address; and
(c)telephone number(s), of the person for whom an order or award is made by the Tribunal and who seeks enforcement by the Supreme Court.
(7)Upon receipt of the certificate of the President and the contact details of the person for whom the award was made by the Tribunal, the Registrar of the Supreme Court shall assign to it a number and register it in a book referred to as the Register of Labour Tribunal Decisions and shall notify the person for whom the order or award was made by the Tribunal of the registration.
(8)The order or award of the Tribunal so registered shall after the registration be deemed to be the judgment of the Supreme Court, to be enforced as such immediately against the person liable to pay the sum.
(9)Within three days of the notification of the registration of the order or award of the Tribunal as a judgment of the Supreme Court, the person in whose favour the decision was made shall attend at the Registry of the Court and shall present a copy of the certificate of the President that was filed, to commence the process of execution.
(10)The person for whom an order or award is made by the Tribunal and who seeks enforcement at the Supreme Court, shall upon the registration of the order or award, be the execution creditor.
(11)The execution creditor shall provide information by which the person liable to pay the award may be identified, and if possible, to indicate the assets of the judgment debtor upon which execution may be levied, and also fill out forms in use by the Supreme Court for execution.
(12)The Registrar of the Supreme Court shall calculate the cost of execution and require the execution creditor to pay the assessed sum within seven days of being notified of the cost.
(13)The cost of execution so paid shall be recovered from the judgment debtor in addition to the award of the Tribunal which is to be recovered as a judgment debt.
(14)The execution creditor shall pay the sums assessed for the process of execution within the stipulated time.
(15)The enforcement of the judgment shall be effected by the Registrar of the Supreme Court through any of the enforcement procedures available to the Supreme Court without the need for any further process by the execution creditor save as may be required by the Registrar of the Supreme Court.
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History of this document

10 June 2024 this version
Commenced
04 June 2024
Assented to