Labour Court Rules
Similar to the civil courts, the Labour Court operates procedural rules dealing with the manner in which cases are heard and decided.
A comprehensive set of rules regulates proceedings before the Court. As might be expected given the breath of statutes and associated statutory functions within the Labour Court’s responsibility, the rules are numerous but are clear and understandable.
The Court is authorised by statute to adopt rules, so the rules have a statutory basis inSection 20(5)of the Industrial Relations Act 1946, which established the Labour Court.
A party appearing before the Court will be subject to the rules and must familiarise themselves with them. The rules can be accessed on the Labour Court websitehere.
The rules provide guidance to ensure fairness and consistency so that proceedings can be conducted on as level a playing field as possible.
While it is vital that parties abide by the rules, ensuring fairness means that the Court in certain circumstances can, at its absolute discretion, apply a reasonable degree of flexibility in the application of the rules so as not to risk an injustice. Flexibility, however, is not the same as ignoring the rules, and it will always be essential that parties adhere to the rules and the Court’s interpretation and application of them.
The rules cover requirements around submitting appeals; pre-hearing matters such as the lodging of written submissions, supporting documentation and witness statements; representation at hearings and; procedure at hearings.
There are rules that pertain to employment rights cases and separate rules dealing with industrial relations cases.
