WEDNESDAY, FEBRUARY 15, 1984
18
BILL SEEKS STRIKE OUT POWER FOR TRIBUNAL
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THE LABOUR TRIBUNAL (AMENDMENT) BILL 1984 SEEKS TO REMEDY
A DEFICIENCY IN THE MAIN ORDINANCE BY EMPOWERING THE LABOUR TRIBUNAL, UPON APPLICATION BY THE DEFENDANT, TO SET ASIDE AN AWARD OR ORDER ON TERMS THAT IT THINKS FIT, THE LAW DRAFTSMAN, THE HON GERALD NAZARETH, SAID IN THE LEGISLATIVE COUNCIL TODAY.
THE LABOUR TRIBUNAL ORDINANCE PROVIDES THAT WHERE A DEFENDANT WHO HAS BEEN SERVED WITH NOTICE DOES NOT APPEAR AT THE HEARING, THE TRIBUNAL MAY MAKE AN AWARD OR ORDER IN HIS ABSENCE.
MOVING THE SECOND READING OF THE BILL, MR NAZARETH SAID THAT THE DEFICIENCY IS THAT THE ORDINANCE DOES NOT EMPOWER THE TRIBUNAL TO SET ASIDE SUCH AN AWARD OR ORDER.
THE ORDINANCE ALSO OMITS TO MAKE PROVISION FOR THE NON- APPEARANCE OF THE CLAIMANT.
MR NAZARETH EXPLAINED THAT THE BILL MAKES SIMILAR PROVISION BY EMPOWERING THE TRIBUNAL TO STRIKE OUT THE CLAIM, AND UPON THE APPLICATION OF THE CLAIMANT, TO RESTORE IT UPON TERMS IT THINKS FIT.
IN BOTH CASES, APPLICATIONS WILL HAVE TO BE MADE WITHIN SEVEN DAYS OF THE HEARING OR SUCH FURTHER PERIOD AS THE TRIBUNAL MAY ALLOW, HE ADDED.
+THESE ARE NORMAL POWERS AND PROCEDURES IN OUR COURTS, INCLUDING THE SMALL CAIMS TRIBUNAL. THEY WORK WELL AND ENABLE JUSTICE TO BE DONE WH LE AVOIDING MUCH OF THE DELAY AND DISRUPTION THAT NON-APPEARANCE WOULD OTHERWISE CAUSE.
+THERE IS NO REASON WHY THEY SHOULD NOT WORK EQUALLY WELL
IN THE LABOUR TRIBUNAL, HE SAID.
MR NAZARETH DESCRIBED THE BILL AS A MODEST BUT CLEARLY DESIRABLE MEASURE OF REFORM.+
DEBATE ON THE BILL WAS ADJOURNED TO MARCH 14.
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