In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Whose appearance, reports, statements or documents may a labour committee demand for its own work, and what must be true before it may demand them?

General information · Not legal advice

Material to check

In a practice file we read the committee's notice requiring a person to appear, report, testify or produce documents, to see who it was addressed to and on what stated ground. We also read the papers showing which kind of business the committee was handling, and any paper by which the chairperson or a sectoral committee chairperson designated a member or investigator.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the scope of persons broadly: a labour committee, acting over the matters within its remit except the one category the provision excludes, may itself require a worker, a trade union, an employer, an employer organisation or any other interested person to appear, report, testify or submit the documents needed, where it finds this necessary for administering that business and for confirming the facts.

Another reading separates the two halves of the provision: the demands on a person rest on the committee and carry no designation requirement, while the power to inspect a business or workplace's business conditions, documents and other things may be exercised only through a member or an investigator whom the chairperson or a sectoral committee chairperson has designated, and neither reach extends to the category of work the provision excludes.

Your judgment

Where a demand is made of a person who is not a worker, union, employer or employer organisation, what in the file would show that this person is otherwise an interested person?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to widen or narrow the excluded category of work or the list of persons who may be required to comply, or if a decision clarifies when a person becomes an interested person for this purpose.

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