Cassation Review Power over Collective Labor Dispute: Whose Jurisdiction is it; the Federal or Regional Supreme Courts? A Case Comment

Abstract

Collective labor disputes normally fall under the original jurisdiction of the Federal Courts, to be specific the Federal High Court, and that regional courts have only delegated power. In its different decisions, the Federal Supreme Court cassation division ruled that it lacks jurisdiction to entertain collective labor disputes decided by the Regional Supreme Courts in their appellate jurisdiction unless the Cassation remedy at Regional Supreme Courts is also exhausted. After such decision of the Federal Supreme Court, it becomes the norm that any collective labor dispute that was finally decided by the Regional Supreme Courts, at appellate level and through delegated power, is not eligible to be entertained by the Federal Cassation division before it is finally settled by the Regional Supreme Courts cassation bench. Therefore, this case comment aims at examining whether or not this position of the Federal Supreme Court is in line with the Constitution and other relevant laws of the country. In order to achieve these objectives, two relevant decisions of the Federal Cassation bench and relevant laws of the country are examined thoroughly. The findings of the study revealed that the decision of the Federal Cassation division is not in line with the Constitution and other relevant laws of the country. Collective labor dispute falls under the exclusive jurisdiction of the federal courts, and the regional Supreme Court entertain such matters only through delegated power. Acccording to the constitutional arrangement on delegation of power, the Regional Supreme Courts lack delegated power to entertain Federal Matters through cassation.Hence, once the Regional Supreme Courts passed a final decision over collective labor dispute through appeal, it is only the the federal Supreme Court that is entitled to entertain the case through cassation.