When may a Labour Relations Commission serve a document by publication, how is it done, and when does that service take effect?
General information · Not legal advice
Material to check
In the practice file we read the address records the Commission held for the person to be served, any registered envelope returned undelivered with its reason marked, and a dated copy or screenshot of the posting on the Commission's notice board or website, since service takes effect once the period the provision sets has passed from the day of posting.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out every condition together: the Labour Relations Commission may serve by publication only where the person's address is unclear, or the address is abroad or cannot be confirmed by ordinary means so that service is difficult, or a document sent by registered delivery comes back confirmed as undelivered because no recipient was found; the service is then made by posting on the Commission's notice board or its internet homepage, and takes effect once the period the provision sets has passed from the day of that posting.
Another reading notes what the provision does not settle: it does not say how far the Commission must search before an address counts as unclear or an ordinary means of confirmation as failed, and it leaves the requirements, method and procedure of publication service to be set by Presidential Decree, so the conditions here do not by themselves show what a valid publication file must contain.
Your judgment
On what papers could a reader show that the Commission had reached one of the three situations before posting the document?
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 the situations allowing publication service or the point at which its effect arises, or if the Presidential Decree made under it sets out new requirements for the posting.