Section 94, The Employment Act, 2023

(1) A claim for unfair dismissal – (a) may be brought by the employee before – (i) the Commissioner, who shall make a decision; or Remedies for unfair dismissal. Determination of claims for unfair dismissal. 66 67 (ii) the High Court which shall make a determination, in relation to the claim. (b) shall be initiated by notice in writing, containing such particulars, if any, as may reasonably necessary or as may be specified in regulations made under this Act, to (i) the Commissioner or the High Court; (ii) the employer, within 12 months of the date of the dismissal or such other reasonable period as shall be permitted by the Commissioner or the High Court without prejudice however to any limitation period applicable. (2) The Commissioner shall not hear a claim for redress under this Act if - (a) the High Court has made a determination in relation to the claim, or (b) a party concerned notifies the Commissioner in writing that he objects to the claim being heard by the Commissioner. (3) An employee may, where a decision of the Commissioner in relation to a claim for redress under this Act is not carried out by the employer in accordance with its terms, bring the claim before the high Court by notice in writing containing such particulars as may be reasonable necessary to enable to complete and effectual determination of the matter and the Rules in force and applicable to the High Court in matters of this nature shall apply. (4) The High Court shall not hear a claim for redress under this Act, except by way of appeal from a decision of the Commissioner, - (a) if the Commissioner has made a decision in relation to the claim, or (b) a party concerned, by notice in writing to the Commissioner, under paragraph (b) of subsection (2), objects to the claim being heard by the Commissioner. (5) Proceedings under this section before the Commissioner shall not be conducted otherwise than in public. PART -X - PROTECTION OF CHILD LABOUR