Preview

Employment Tribunal Report

Powerful Essays
Open Document
Open Document
2569 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Employment Tribunal Report
Table of Contents Introduction 2 Proceedings 2 The evidence 3 Precedents set by tribunals 6 Conclusion 6

Corporate & Business Law
Introduction
An Employment Tribunal would hear claims regarding matters to do with employment. These could include unfair dismissal, discrimination and redundancy payments. An employment tribunal is similar to a court but it is not as formal and it must act independently. These are commonly open to the public. Employment tribunals are independent judicial bodies who help determine disputes between employees and employers about their employment rights.
The tribunal I chose to view and write this report on is an employment tribunal, that involved the claimant putting forward a case of unfair dismissal
…show more content…
From the case I visited I soon realised there was a very productive speed throughout. The case I visited was scheduled for 1 day but was wrapped up within 5 hours and that included a 1 hour lunch, evidence, questioning and the judgment to take place. . There was not much waiting around and the whole case was to the point as through
Expertise
The judge who was appointed to the case for unfair dismissal was a specialist in this area she specialised in. Off the record the judge mentioned to us that this particular case was a difficult one as it involved one employee and one employer which meant she was dealing with a delicate situation.
This was due to it involving children of a minor age and there had clearly been strong relationship between the family and Ms Davidson as it was previously stated in the appraisal meeting which clearly documented Ms Davidson as having a “loving and caring relationship” with her
…show more content…
They are bound by the decisions of superior courts and appellate tribunals. Appellate and Employment appeal tribunals are bound by the decisions that are made by the Supreme Court but they would usually be required to being bound to the decisions that they made themselves (English legal systems, Richard Ward and Amanda Akhtar 11th edition).
In regards to employment appeal tribunals, matters of law are binding on decisions of appeals and the House of Lords, although decisions of the high court in England and wales would usually have a great persuasiveness and the tribunals would similarly go with the principles that can be found in those decisions.
There are certain precedents rules and guidelines that have been set out by previous legal cases and these have to be followed by tribunals. This allows there to be more of efficiency throughout the case as the defendants can refer back to the case that is in conjunction with the case however within the judicial system of a tribunal court there is a leniency and flexibility based on the case this was as well as the evidence and information provided by both

You May Also Find These Documents Helpful

  • Powerful Essays

    Usyd Claw1001 Paper

    • 1128 Words
    • 5 Pages

    'Appellants were employed by the respondent as baggage handler at Sydney Airport, they were dismissed from their employment' for stealing funds. 'Appellants sought an order for imposition of penalty and payment of penalty to them.' Trial judge found out respondents in 'terminating the appellants’ employment was not harsh, unjust or unreasonable and dismissed the claims.' 'The Full Court held that it was contrary however appellants were still not entitled to damages for breach of contract.'…

    • 1128 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    Lit1 Task 2 Report

    • 1421 Words
    • 6 Pages

    2) Company X should have given Employee B the promotion offered instead to 33 year old employee on the basis of seniority and higher rated job performance. And finally, 3) Applicant C, who is disabled and wheelchair bound, cannot be denied employment because of a minor accommodation that would need to be made to two elevators within the six floor office. Company X cannot claim “undue hardship” because the company can, in actuality, afford the changes that would need to be made. Each situation was thoroughly reviewed and determined that the facts and the legal application that applied to each situation and to the…

    • 1421 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Law Unit 23

    • 698 Words
    • 3 Pages

    Also case made law is when the court of appeal acts on a decision made by a lower court and by doing so establishes it in law. However, the judges can only work within the statute/act which is set by parliament. For example judicial review which is a hearing in front of the judge on…

    • 698 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Agency Workers

    • 13564 Words
    • 55 Pages

    This contribution will analyse the concept of unfair dismissal and how it applies to agency workers in the context of both UK common law cases and statutory provisions introduced by the UK parliament, with a view to reaching some…

    • 13564 Words
    • 55 Pages
    Powerful Essays
  • Satisfactory Essays

    Legal Studies VCE Unit 2

    • 342 Words
    • 2 Pages

    Judges can only develop or change the law when a relevant case is brought before them. A case will be brought by a person who feels aggrieved or injured and has decided to have the issue resolved in court. A person bringing a case must have ‘standing’, that is, be directly affected by the case.…

    • 342 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    As you have requested this investigation to be conducted regarding an ex-employee that has filed a case against the company in regards to a claim of constructive discharge under Title VII of the Civil Rights Act of 1964. After much investigation and review, following is the recommendation and summation generated from the case law.…

    • 1705 Words
    • 7 Pages
    Better Essays
  • Good Essays

    George Davis Case

    • 643 Words
    • 3 Pages

    . . . Under the doctrine, once an appellate court rules upon a question presented on appeal, litigants and lower courts become bound by the ruling, which is considered to be the law of the case . . . . Not only are lower courts bound by the law of the case, but decisions rendered by a prior appellate panel will generally govern the second appeal at the same appellate level as well, unless the previous decision is incorrect because it is out of keeping with controlling principles announced by a higher court and following the decision would result in manifest injustice.”…

    • 643 Words
    • 3 Pages
    Good Essays
  • Good Essays

    if the appeal was dismissed it would go further than the outcome of any previous cases regarding the safety of workmen and go beyond…

    • 657 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Case Study 2 1 Assignment

    • 595 Words
    • 2 Pages

    2.) Fortin’s supervisor had no knowledge of her union activity but laid her off on the basis of her poor performance evaluation. Give reasons why a court should uphold or override the supervisor’s decision.…

    • 595 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Industrial relations exam notes

    • 27230 Words
    • 109 Pages

    Employment and Industrial Relations Law Notes Employment and Industrial Relations Law Notes – S1/2007 Table of Contents Topic 1 – Australian Labour Laws .................................................................................................. 6 What are labour laws? ......................................................................................................................…

    • 27230 Words
    • 109 Pages
    Satisfactory Essays
  • Good Essays

    Court must use principles of the existing common law and statute law to make its decision…

    • 1161 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Australia’s society has grown existentially since the birth of many organisations who each play crucial roles in the…

    • 810 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Court Report

    • 1871 Words
    • 8 Pages

    In arriving at the local courts, the waiting room was full of people who had been summoned to appear for their hearing. It was noisy and extremely busy. In observing the waiting room it was obvious that people were restless and were anxious to have their case heard.…

    • 1871 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    The Criminal Trial Process

    • 3916 Words
    • 13 Pages

    Each court has its own jurisdiction or area over which it has authority to hear matters. Minor matters such as summary offences are dealt with lower in the court hierarchy; the higher courts are reserved for more serious matters, indictable offences and appeals from the lower courts.…

    • 3916 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374 (HL)…

    • 814 Words
    • 4 Pages
    Good Essays