Do a Labour Commission's remedy order, dismissal decision or retrial ruling keep their effect while a reconsideration application or administrative litigation is pending?
General information · Not legal advice
Material to check
In practice material of this kind, we read the Labour Commission's written remedy order, dismissal decision or retrial ruling together with its service record, any application for reconsideration filed with the Central Labour Commission, and the administrative litigation complaint with the court's stamp of receipt, since the provision turns on which body issued the act and which challenge was brought.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as reaching three acts of a Labour Commission — a remedy order, a dismissal decision and a retrial ruling — and reads it flatly: neither an application for reconsideration to the Central Labour Commission nor the bringing of administrative litigation suspends their effect, so the act stands while the challenge is heard.
Another reading notes that the provision speaks only of effect not being suspended, so it leaves open whether any other route could hold an act in abeyance, and it reaches nothing issued by a body other than a Labour Commission; the text likewise says nothing about how the rule applies to acts made before it took effect.
Your judgment
If a remedy order was served before the date this provision took effect, what in the file shows whether its effect was suspended during the challenge?
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 allow suspension for a named category of act, or if a court decision settles whether effect may be suspended on some other basis.