Section 45.  Unresolved disputes.

(1) If a dispute is unresolved and concerns -

(a) the interpretation or application of any statutory provision or any provision of a collective agreement or contract of employment; either party to such dispute may apply to the Industrial Relations Court for determination of the dispute.

(2) If a dispute is unresolved and concerns matters other than those referred to in subsection (1) -

(b) either or both parties may give notice in accordance with section 46(3) that they intend to strike or lockout.

(3) If there is a question as to whether an unresolved dispute is covered under subsection (1) or (2), either party may apply to the Industrial Relations Court for a determination.

[Malawi, Labour Relations Act, 1996]

Sect. 65. Unresolved Disputes.

(2) If the unresolved dispute concerns the application to any employee of existing terms and conditions of employment or the denial of any right applicable to any employee in respect of his employment or the dismissal, employment re-employment or re-instatement or re-engagement of any employee, either party to such dispute may make application to the Court, or the Commissioner of Labour may refer the matter to the Court for a determination of the dispute.

(3) If the unresolved dispute concerns matters other than those referred to in subsection (2):

(c) either party may, subject to this Act, give notice that they intend to take action by way of strike or lockout in accordance with this Part.

[Swaziland, Industrial Relation Act, 1995]