Who may have a witness attend the Labour Commission hearing that follows an application for remedy, and on what basis?
General information · Not legal advice
Material to check
In a practice file we read the application for remedy and the Commission's record showing a hearing was held under that duty; any written request by an interested party that a witness attend; and the Commission's record of questions put to any witness who appeared.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition of the covered point: it is the Labour Commission that acts, in the hearing it holds when examining the interested parties after receiving an application for remedy, and there it may have a witness attend, either because an interested party has applied or of its own motion, then question the matters that need establishing.
Another reading treats the power as discretionary and bounded: the provision says the Commission 'may' have a witness attend and 'may' question, so it creates no duty to call a witness on a party's application, and it sets out no form, notice or timing for attendance, while the provision also requires the Commission to investigate and hear the parties without delay and to give them a full opportunity to submit evidence and cross-examine witnesses, the detailed procedure of the investigation and hearing being as the Central Labour Commission separately prescribes.
Your judgment
Where an interested party asked that a witness attend and no witness was called, what in the hearing record could show what the Commission weighed in deciding?
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 make witness attendance on a party's application a duty, or if a decision explains when the Commission must call a witness on request.