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Tuesday, May 11, 2010

tribunals.

many disputes are resolved informally, through negotiation, concession and compromise. however, when a informal approach turns out to be unsuccessful, the present of a formal mechanisms must be available to ensure the dispute is resolved fairly by the court system. however, in certain cases, the court system its not the most suitable method . Therefore, alternative mechanisms are developed to supplement the work of the courts.

tribunal form a part of the alternative dispute resolution(ADR) system but unlike other ADR methods, tribual works closer to the courts, the Frank Committee 1957 , favored the view that their function is distinct and separate them from the court. parliament initiated various projects and schemes and included the tribunals to deal with the problems to surfaced these projects. on that basis, it is suggested that tribunals are merely adjuncts to the parent project and therefore defines their role as more administrative then judiciary .

the tribunals make up of 3 members with only one legally qualified which is the chairperson and 2 lay personnel. the lack of legal training are not seen as a disadvantages, the nature of the provision the member have to consider that this is an important factor needed because these non legal member provide specialist knowledge and they enable the tribunals to make their decision on actual practice as oppose to abstract legal jargon. this example in tribunal can be seen in tribunals having responsibility for employment issues which usually have a trade union representative and employer representative sitting in a panel.

there are many type of tribunal such as tribunals dealing with social security, use of land , revenue , transportation, domestic tribunal and the most important of all tribunals that deals with employment. in this tribunal, the main work is concerned with dispute claims for redundancy pay, industrial injury benefits and complaints for unfair dismissal and discrimination . they sit locally and have a panel compromised of a legally qualified chairperson and 2 members , chosen to represent the employer and employees respectively. an appeal lies to the employment appeal tribunal.


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