When the Labour Relations Commission holds its hearing after a relief application, what must it give the parties about evidence and cross-examination?
General information · Not legal advice
Material to check
In a practice file we read the application for relief, which starts the investigation and hearing, the Commission's record of the hearing itself, any list of documents each side submitted, and any request to question a witness on the other side, so that the file shows what opportunity was in fact given.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the duty to the hearing the Commission holds after receiving an application for relief, where it must investigate without delay and interrogate the parties: in that hearing it must give the relevant parties sufficient opportunity to submit evidence and to cross-examine witnesses.
Another reading notes that the provision speaks of a 'sufficient opportunity' without saying what suffices, and that the detailed procedure for the investigation and hearing is settled by the Central Labour Relations Commission under the Labour Relations Commission Act, so the scope of cross-examination and the sufficiency of the chance given are not settled by this provision itself.
Your judgment
Where the hearing record shows what each side was allowed to do, what would show whether that chance was sufficient?
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 opportunity owed, if the Central Labour Relations Commission revises the detailed procedure rules, or if a decision explains what makes the opportunity sufficient.