Analysis of Employment Tribunals: Is It Fit for Purpose? "Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of
The International Military Tribunal for the Far East "Before assembling here today the Members of the Tribunal signed a joint affirmation to administer justice according to law, without fear, favor or affection. We fully appreciate the great responsibility resting upon us. There has been no more important criminal trial in all history. Certainly we are not a Senate or a House of Peers met for the impeachment of a Verrus or a Hastings, but a court of our respective countries. On the other
...................................................1 Craig v The State of South Australia (1995) 184 CLR 163 at 179.....................11 Ridge v Baldwin (1961) 2 All E.R. 523: (1961) 2 WLR 1054………………….6 R. V. Northumberland Compensation Appeal Tribunal, ex P. Shaw (1951) 1 K.B. 711: (1952) 1 K.B. 338…………………………………………………...13 Saluwa v Kabir (2011) 1 NWLR (pt. 1232) 417..................................................9 Table of Contents WHAT DID ANISMINIC DEDIDE? ANISMINIC LTD V FOREIGN
committees; 2. To analyse the dominating causes of Industrial disputes; 3. To examine the types of industrial disputes in India; 4. To provide for the settlement of industrial disputes through a three tier system of Labour Courts, Industrial Tribunals and National Tribunals; 5. To define and prohibit the unfair labour practices. 6. To provide for investigating the industrial disputes through Court of Inquiry; 7. To provide for payment of compensation in case of lay off, Retrenchment and Closure; 8. To
disputes are resolved. ADVANTAGES OF TRIBUNALS Advantages of tribunals over courts relate to such matters as: - Speed The ordinary court system is notoriously dilatory in hearing and deciding cases. Tribunals are much quicker to hear cases. A related advantage of the tribunal system is the certainty that it will be heard on a specific date and not subject to the vagaries of the court system. This being said, there have been reports that the tribunal system is coming under increased pressure
Tribunals Introduction Tribunals are not courts but they do operate alongside the court system and have become an important part of the civil justice system. Many tribunals were created with the development of the welfare state in the second half of the twentieth century. They were created in order to give people a method of enforcing their entitlement to certain social rights. However, unlike alternative dispute resolution (ADR) where the parties choose not to use the courts, the parties in
Introduction Since litigation particularly in High Court is both expensive, time consuming and also the disadvantage of process being conducted to the public. Different parties with disputes have sought after other means of dispute resolution which is generally known as alternative dispute resolution (ADR). Alternative dispute resolution is basically a way of solving civil dispute. It is the collective term for the ways that parties settle civil disputes, with the assistance of an autonomous third
Moreover, the membership of the tribunal is lay persons, who are not legally qualified, sit alongside and contributing the decision making process. The beginning of the tribunals justice was before 200 years ago, one of the earlier was the general and special commissioners of income tax were established in 1799, then the railway and canal commission established
This view, with respect, can be termed as too strict. Notwithstanding, it is important to recognise the potential of conflict between the courts and arbitral tribunals, and to take steps to mitigate this conflict. I. POTENTIAL TENSION BETWEEN COURTS AND ARBITRAL TRIBUNALS A jurisdictional battle between the courts and arbitral tribunals may ensue with judicial recognition of the anti-arbitration injunction. The party who is sought to be enjoined from proceeding with the arbitration may pre-empt
influenced by previous governments.the Governor-General always gives the Royal Assentto turn bills into acts. Tiriti O Waitangi / Treaty of Waitangi (a) The principles of the Treaty are only enforceable when adopted in domestic law. (b) The role of the Tribunal is to make non-binding recommendations for both historical grievances and contemporary claims. Part 2: Legislation Parliamentary process 1. Three branches of government: 1)