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KSTGeneral information, not legal advice
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When may the chairperson have a Labour Relations Commission case handled by a single public-interest member instead of the full committee?

General information · Not legal advice

Material to check

In the practice file we read the application for adjudication and the stamp showing when it was filed, since lateness or plainly missing elements is one route; we also look for each side's written request or consent to single-member handling, and the paper designating which public-interest member takes the case.

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

Where readings differ

One reading takes the provision as a permission for the chairperson alone: where the application plainly lacks required elements, such as being filed beyond the application period, or where both sides apply for or agree to single-member handling, the chairperson may designate one public-interest member in charge of adjudication or one in charge of discrimination correction to process the case.

Another reading notes that the provision says the chairperson 'may' act and names both types of public-interest member without saying which suits which kind of case, so it leaves open how the file shows that an application plainly lacks required elements and what the designated member may decide once given the case.

Your judgment

If only one side has applied for single-member handling, what in the file could show the other side's agreement to it?

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 grounds or the pool of members, or if a decision explains how plainly an application must lack required elements before this ground applies.

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