The amendment will mean board members will be appointed by the minister after consultation with the board. A second amendment gave the minister power to appoint a deputy chairman of the BTA.
Is the tribunal system corrupt? But many people who go through the system are left deeply unhappy and with the sense that it has failed them.
Some conclude that it is corrupt. If they do, there will be grounds for appeal. There are no smoke-filled back-rooms where favours are exchanged or arms twisted. Employment Judges are doing what they claim to be doing: More than that, the vast majority are highly-competent, dedicated professionals who work hard at a difficult and stressful job.
It often fails and often causes genuine injustice. The tribunal has to apply the the law and procedure it is given. The law is imperfect — sometimes simply unfair — so applying it does lead to injustice. They are flawed people like the rest of us.
When this happens, it can lead to unfair results. And — like everyone else on the planet — judges have their own assumptions and inherent preferences.
Some do have an instinctive preference for the authority figure in the case. Others have an anti-authoritarian streak.
Most cases will end with the same result, regardless of the judge. Beyond the inevitable individual kinks of the judiciary, any legal system simply has its limits.
There is no perfect system that will always get the right result. In every case, tribunals hear evidence, consider submissions and try to reach the right decision.
When they start hearing a case, tribunals know nothing about the parties and have no knowledge of the relevant events. And tribunals have no magic powers to detect honesty. Cross-examination can illuminate the truth, but it can also obscure it.
All lawyers have had cases where a witness they believed to be basically honest fell apart and was made to look thoroughly shifty under cross-examination, because they got confused or brow-beaten. This problem is made worse by unfairnesses and imbalances within society.
In an ideal world, everyone who came before the tribunal would be competently represented and have much the same resources, not only in terms of money, but also intelligence, education, language and confidence.
Tribunals are not unaware of these issues; they do their best to see past them. But all the same, all too often the parties are not on an equal footing. In the context of employment this normally means the employee is disadvantaged.
Any justice system is imperfect and the employment tribunal is no exception. Claimants do win their cases and receive their compensation. More than that, the existence of the tribunal and its ability to hold employers to account does have a wider impact on employment relationships.+ web files, a regularly updated Gazetteer, overall an in-depth description of our island's internally self-governing British Overseas Territory miles north of .
[title page] The National Committee of Inquiry into Higher Education. Main Report. [page 4] the UK must now compete in increasingly competitive international markets where the proliferation of knowledge, technological advances and the information revolution mean that labour market demand for those with higher level education and training is growing, particularly in business, and that there is a greater premium on the products of the country's research base;.
COSATU Secretariat Report to the Ninth National Congress to be held on 18 to 21 September , Gallagher Estate, Midrand. Preface The Eighth National Congress of COSATU was a . EMPLOYMENT RESOURCES Updated 24/4/ This information updates various sections in The Russell-Cooke Voluntary Sector Legal Handbook.
Listed below are some of the main sources of free information about employment issues for voluntary sector employers and employees. Report of the Presidential Review Commission on the Reform and Transformation of the Public Service in South Africa.