In a Labour Commission hearing, who may have a witness appear, and what opportunity must the related parties be given while the Commission questions people?
General information · Not legal advice
Material to check
In practice material of this kind, we read any application by a related party asking that a witness be summoned, any note in the hearing record showing a witness was summoned on the Commission's own motion, and the record of evidence submitted and of the questioning, since the provision turns on the opportunity each related party was given.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows both paragraphs: when the Labour Commission questions a related party in the hearing it must hold after receiving an application for corrective action, it may, on that party's application or on its own motion, have a witness appear and question on what is necessary, and it must give the related parties a sufficient opportunity to submit evidence and cross-examine the witnesses.
Another reading stresses a gap the provision leaves open: it says the opportunity must be a 'sufficient' one but does not say how much time or what form that opportunity takes, since the method and procedure of the investigation and questioning are set separately by the Central Labour Commission by public notice, and a witness may be summoned on the Commission's own motion without any party's application.
Your judgment
If a witness was summoned on the Commission's own motion, how should the hearing record show what chance the related party had to cross-examine before the questioning closed?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may summon witnesses, or if the Central Labour Commission's public notice or a court decision specifies what a sufficient opportunity to submit evidence and cross-examine requires.