Page 342 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

Code to be applied, mutatis mutandis, to the proceedings in the labour court. This author
suggests that they shall be implemented in the following order: 1. the Act on Establishment

of Labour Courts and Labour Court Procedure B.E. 2522 (1979) 2. court rules, and
3. the Civil Procedure Code.

The second concerns regarding the application of the Act is in article 33 in which
the definition of the cause of action is arguable. Article 33 paragraph 2 states that the

place of work of the employees shall be deemed as the place where the cause of action
arose. However, due to the application of article 31, the cause of action of the aforesaid

article always intertwine with that in the Civil Procedure Code. Eventually, the Court
of Appeal for Specialized Cases seems to attach to the literal rule due to its fairness to
the presented cases.

This paper also discusses other areas of the procedure; for example, procedure
to record the issues in dispute, labour and employment class action, adjudication power

of the labour court to render the judgment in excess of the relief sought or to give
obligatory order upon third parties who share common interest in the subject matter of
the case.

340