Outcomes - Selected Case Summaries

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Justice Delayed is Justice Denied

Investigation | 03 October 2019
Labour Tribunal (LT)

The complainant contacted our office to complain that the LT had failed to issue a decision relating to her hearing held in May 2011 despite her many attempts to receive a ruling. 

We met with the Deputy Director of the Department of Labour and Pensions and recommended that her case, together with the other long-outstanding decisions, be re-heard because it would be unfair to expect a decision-maker to be able to recall enough details of the hearing to issue a fair and reasonable decision. The LT convened a new hearing (eight years after the first hearing) and issued a decision bringing the matter to a close. 

The DLP has now adopted a policy to ensure tribunals hearings are not unduly delayed and that decisions are issued in a timely manner. The policy includes rules regarding non-attendance of tribunal members and the consequences for failing to attend including removal from the case in certain circumstances.