...distributor. Botash is a Botswanan distributor of Soda Ash (a competitor to Ansac), and Chemserve is Botash’s South African distributor. Botash submitted an application for interim relief against Ansac in October 1999, raising the question of whether Ansac’s activities – price-fixing – contravenes the South African Competition Act’s prohibition on restrictive horizontal practices found in section 4 of the Act. This application was later withdrawn when the Commission investigated the complaint, and itself concluded that Ansac was involved in prohibited conduct. The Commission filed its complaint referral in April 2000 and Botash later secured the Tribunal’s leave to serve an intervening complaint against Ansac. In March 2001, the Competition Tribunal (‘CT’) held that s 4(1)(b) required no display of an...
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...ADVANTAGES OF THE TRIBUNAL SPEED-tribunal cases are highly regarded and most times initially attended to in court, and are frequently arranged on, within a day or two. They are constantly defined on how long can a person wait before their case can be heard and decided upon so that the person do not have to be going back and forth. COST-in the tribunal system cost are quite reasonable as fined can be divided into halves so that the defendant do not have to pay the whole sum of money. and sometimes one can always represent themselves without the aid of authorised officials. INFORMALITY-it is a bit different from law courts as in law courts wigs and gowns are worn but in this system judiciary dresses as normal everyday worker so it does not create an intimidating atmosphere for people without legal advisors. flexibility SPECIALISATION-tribunal members have all got a speciality in a specific subject area, and through sitting on tribunals are able to build up depth of knowledge of that area that judges in ordinary court could not hope to match. RELIEF WORK OVERLOAD FROM COURT-it reduces the number of cases sent to the main court as they deal with also important cases and the courts are not overloaded. AWARENESS OF POLICY-the tribunal members because of their expertise are likely to understand the policy behind legislation in their area, and often have large discretionary power in their to use. PRIVACY-members of the tribunal most times meets in privacy so that they do not...
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...The issue of the jurisdiction of the Labour Court is a classic instance of the Labour Act( [chapter 28:01])is a classic instance in spite of having patently pluralist motivations still being unable to withstand the unitarist imprint of our legal system as reflected in the common law, all this in the midst of inherent class warfare. As such, any attempt to lay the blame for the problems bedevilling the jurisdiction of the Labour Court firmly on the door of poor draftsmanship are an inaccurate reading of what is, as will be discussed in the course of this essay, a much more complex problem. It is pertinent as a starting point to deal with the matter of the exclusive jurisdiction of the Labour Court in labour related matters, an aspect that suprisingly has troubled many a legal practitioner as the numerous High Court cases over the matter suggest. Section 89 of the Labour Act deals with the functions, powers and jurisdiction of the Labour Court. Section 89(6) of the Act states, 'no court, other than the Labour Court, shall have jurisdiction in the first instance to hear and determine any application, appeal or matter referred to in subsection (1)' and subsection (1) provides inter alia in the applicable paragraph that the Labour Act shall exercise the functions of, 'hearing and determining applications and appeals in terms of this Act or any other enactment.' The import of sections 89(6) and 89(1)(i) of the Act when read in toto is clear and unambiguous to the effect that all labour...
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...| Question 16 Discuss the natural justice process in sport tribunals. Should athletes at either domestic or professional level be able to have legal representation? Natural justice process in sport tribunals In sport tribunals as in courts the laws of natural justice are applied to ensure that an accused person is given the right to a fair trial. Healy (2009, 114) confirms this and outlines the laws of natural justice in relation to sport tribunals as “giving the accused person protection by asserting that: * The person accused of misconduct should know the nature of the accusation made; * The person should be given the opportunity to state his or her case; and * The tribunal should act in good faith.” To further examine the natural justice process I will go into further detail of each of the above factors in relation to sporting tribunals. Notification of Accusation Once an organisation or association feels that there has been a breach of the rule or by-laws in which an individual is involved they must notify the accused in the correct manner to ensure procedure is adhered to with respect to natural justice. The Australian sports commission website (aussport.gov.au) gives an outline on the correct procedure for notifying the accused as follows: * “The person accused should receive written notice clearly outlining the allegation/s in sufficient detail so as to allow the person to properly prepare and respond. The notification should outline the...
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...GOVERNMENT OF INDIA LAW COMMISSION OF INDIA L. Chandra Kumar be revisited by Larger Bench of Supreme Court Report No. 215 December 2008 LAW COMMISSION OF INDIA (REPORT NO. 215) L. Chandra Kumar be revisited by Larger Bench of Supreme Court Presented to Dr H. R. Bhardwaj, Union Minister for Law and Justice, Ministry of Law and Justice, Government of India by Dr Justice AR. Lakshmanan, Chairman, Law Commission of India, on 17th day of December, 2008. 2 The 18th Law Commission was constituted for a period of three years from 1st September, 2006 by Order No. A.45012/1/2006-Admn.III (LA) dated the 16th October, 2006, issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. The Law Commission consists of the Chairman, the Member-Secretary, one full-time Member and seven part-time Members. Chairman Hon’ble Dr Justice AR. Lakshmanan Member-Secretary Dr Brahm A. Agrawal Full-time Member Prof. Dr Tahir Mahmood Part-time Members Dr (Mrs) Devinder Kumari Raheja Dr K. N. Chandrasekharan Pillai Prof. (Mrs) Lakshmi Jambholkar Smt. Kirti Singh Shri Justice I. Venkatanarayana Shri O.P. Sharma Dr (Mrs) Shyamlha Pappu 3 The Law Commission is located in ILI Building, 2nd Floor, Bhagwan Das Road, New Delhi-110 001 Law Commission Staff Member-Secretary Dr Brahm A. Agrawal Research Staff Shri Sushil Kumar : Joint Secretary & Law Officer Ms. Pawan Sharma : Additional Law Officer Shri J. T. Sulaxan Rao : Additional Law Officer Shri A. K. Upadhyay...
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...Victorian Civil and Administrative Tribunal and the court are both independent dispute settling bodies presided over by a legally trained experts in the law. Tribunals provide a cheaper and less formal method of dispute resolution for civil disputes, whereas process used in courts are formal and hearings follow strict rules of evidence and procedure. The operation of courts in dispute resolution means that courts can adjudicate on a range of disputes and cases, whether criminal or civil, minor or major. The courts have a doctrine of precedent that applies in the court, which brings a sense of predictability, certainty and consistency to the way in which disputes are resolved. The use of legal representation ensures both parties are on equal footing, as they both have expert representation who understand the legal system as their advocates in court. The court treats both parties fairly and equally by enforcing the strict rules of evidence and procedures in the courtroom. Courts that resolve civil disputes gives parties opportunities to appeal to higher courts if they can establish ground of appeal if they are dissatisfied with the decision made for their case. The Victorian Civil and Administrative Tribunal system has a low cost of resolving disputes unlike the courts. VCAT is a faster dispute resolution method as parties avoid the delays associated with going to court. VCAT operates within its own specialised jurisdiction. Resulting in the tribunal personal developing expertise...
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...ARGUMENTATION The applicant claims that there has been a violation of article 6 of the ECHR, namely, violation of his right to a fair trial. This right has been denied by the refusal of the Court of allowing the cross examination of the anonymous witness regarding the day, when he/she witnessed Mr. Karam transporting weapons to the house on Portobellostraat nr. 40. The applicant would like to highlight the fact he could not establish and confirm his alibi since he was not able to question the witness or at least be informed of the day when the alleged crime happened. During the proceedings of the Court of Appeal of Amsterdam, when the Investigative Judge was interrogated regarding the day when the alleged crime happened, he stated “At the beginning of the interrogation session the witness did not know exactly when the delivery had taken place. Later that day he/she was able to indicate that it had been during the period from 1 July until 7 July 2009. On one single day the interrogations took place first in the case of the co-accused Hendriks and then in the case of the present accused. I cannot now remember exactly all the differences in nuance between the two interrogations. Later that day the witness remembered a number of things more distinctly. Things happened the way I described them in the official record. I have tried to take everything down with as much precision as possible”. The applicant would like to state the fact that from the Investigative...
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...have notified ICSID that they consider all types of investment disputes as arbitrable. * Cee Co. is a multinational firm in state C, and state D asked Cee Co. to set up a subsidiary in its territory and promised Cee Co. that it would give it a tax holiday for 20 years. * Cee Co required state D to sign an ICSID arbitration agreement. * But the government of State D changed and has cancelled the tax holiday of Cee Co. * In anticipation of Cee Co. seeking ICSID arbitration, state D has informed ICSID that it no longer considers disputes relating to taxes as being arbitrable. Foreign Sovereign Immunities 4. There are facts that needs to be emphasized in this situation. * Cee Co. obtains an award from ICSID tribunal. * Cee Co. now seeks to enforce the award in a state...
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...Georgia Court of Appeals Abstract This paper is about my experience at the Georgia Court of Appeals in Atlanta Georgia. It is also about the judges, its symbol and what an appeal court actually is V. other courts in the criminal justice system. The history of Georgia Court of Appeals; The Court of Appeals has statewide appellate jurisdiction of all cases except constitutional questions, land title disputes, the construction of wills, murder, election contests, habeas corpus, extraordinary remedies, divorce and alimony and cases where original appellate jurisdiction lies with the superior courts. The Court of Appeals of Georgia certifies legal questions to the Supreme Court. The first courtroom cases were held in an courtroom in the afternoon while in the morning the supreme court would hold their cases before the appeals. These were continued for a while but would be held on separate days. In 1956, a motto was created and engraved on a marble wall behind a bench. This motto stated: "Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men." Later there was a first lady judge by the name of Dorothy Toth who changed it to "Upon the integrity, wisdom and independence of the judiciary depend the sacred rights of free men and women." At a point and time, the Chief Judge was elected by the Court and served in that capacity at the pleasure of the Court. Chief Judge is then rotated; they are rotated for about a two-year term and upon the...
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...jurisdiction are: The District Court, The High Court, The Court of Appeal and The Supreme Court. It is very expensive to have a trial in these courts and, as a practical matter, recourse to them is out of reach for most New Zealanders unless the sum of money involved is high. For most people the recommended first step for disputes involving sums of money up to $20,000 is The Disputes Tribunals. The Disputes Tribunals are attached to the District Courts, and so are found in most towns, but they themselves are not courts. These Tribunals do not involve judges, lawyers or legal jargon. They employ Referees who may (but do not necessarily need to) have formal legal qualifications. Proceedings are begun with a simple statement by the claimant saying what the dispute is about. Disputes Tribunals are intended to provide individuals and companies with the means of inexpensive, informal, quick and private resolution of disputes involving whether an amount is owed or how much of an amount is owed. A lawyer would call these questions of ‘liability’ and questions of ‘quantum’. The jurisdiction of a Disputes tribunal is limited to an amount of less than $15,000, or if both parties agree, an amount less than...
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...is Botash’s South African distributor. Botash submitted an application for interim relief against Ansac in October 1999, raising the question of whether Ansac’s activities – price-fixing – contravenes the South African Competition Act’s prohibition on restrictive horizontal practices found in section 4 of the Act. This application was later withdrawn when the Commission investigated the complaint, and itself concluded that Ansac was involved in prohibited conduct. The Commission filed its complaint referral in April 2000 and Botash later secured the Tribunal’s leave to serve an intervening complaint against Ansac. In March 2001, the Competition Tribunal (‘CT’) held that s 4(1)(b) required no display of an anti-competitive effect, and that, unlike s 4(1)(a), s 4(1)(b) permitted no efficiency defence. In a second ruling, the Tribunal further dismissed two exceptions raised by Ansac concerning the scope of the Act’s application as well as Botash’s legal standing. On appeal, the Competition Appeal Court (CAC) confirmed the decision of the CT....
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...family mediation and representation in a court or tribunal. Legal aid are limited, which mean that people who earns a certain amount of money, would not be eligible to have a legal aid. Legal has been reduced by 15 pound comparing to the previous hourly pay of 44 pound. The government is cutting off pay rates of 8.75%. Law firm or law centre Law centres defend the legal rights of people who cannot afford a lawyer. They are specialists working in their local communities to uphold justice and advance equality. Procedure within a law company? The procedure are first of all they would speak to you to see if/how they can help. Then they would tell you about the costs. They would also be able to tell you if legal aid is available. Can I get help with my employment tribunal case? Thinking about making a claim to an employment tribunal can be scary. Many people find it helpful to get some advice before they take action. There are lots of organisations that might be able to offer you advice, or help with your case. You can find more information and contact details on this page. You might also want to find someone to help you prepare your case or represent you if there is a hearing. However, when you make a claim to an employment tribunal, you can't automatically get help or representation...
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...Employment Law Assignment LEWIS JAFFA 3000 words Employment law is a necessity to promote greater flexibility in the labour market alongside a commitment to social justice and cohesion. Employment law is also required for support social security policies such as the minimum wage and encouraging single parents into work. There is also a social commitment by employment law to ensure good, minimum standards of protection for employees. Employment law is essential to protect employees from unjust or unfair behaviour by employers, especially those who could be under-represented if there were no laws, such as the poorest and the disabled. Two examples of this are the Disability Discrimination Act of 1995, which applies to all organisations who employ more than 20 staff. They’re required to accommodate the needs of the disables and establish a right of access for the disabled, and to stop them being treated less favourably than they would if they were not disabled. A second example is the National Minimum Wage Act of 1998. This resulted from a directive from the EU, and has increased each year in line with the rise in the cost of living. There is a need to strike a balance between protecting the employee and the employer. Employers and employees have a responsibility to each other, which is why the Health and Safety at Work Act (1974) exists. Employees are expected to follow the act, while employers are expected to abide by a range of requirements governing such aspects as...
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...Dismissal: Employee rights 1. Overview Dismissal is when your employer terminating your employment - they don’t always have to give you notice. If you’re dismissed, your employer must show they’ve: • a valid reason that they can justify • acted reasonably in the circumstances They must also: • be consistent - eg not dismiss you for doing something that they let other employees do • have investigated the situation fully before dismissing you - eg if a complaint was made about you If you’re a part-time or fixed-term worker, you can’t be treated less favourably than a full-time or permanent employee. Notice period You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer. There are some situations where you can be dismissed immediately - eg for violence. Getting your dismissal in writing You have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed if you’re an employee and have completed 2 years’ service (1 year if you started before 6 April 2012). Your employer must supply the statement within 14 days of you asking for it. Your employer must give you a written statement if you’re dismissed while you are on Statutory Maternity Leave. You get this: • even if you’ve not asked for one • regardless of how long you’ve worked for your employer Speak to your employer or check your employment status if you’re unsure of your employment status. Reasons...
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...EMPLOYMENT ESSAY Legislation to protect and encourage "whistleblowing" in relation to work issues has proved inadequate.' Discuss. Whistleblowing by definition is when an employee provides information of illegal activity or any other wrong doing to their employer or supervisor. The concern raised by the employee may be about a fellow employee, a third party outside of the workplace or even the employer and the employee does not necessarily have to be directly affected by the illegal activity to have the right to disclose it. The general consensus is that an employee who makes a “protected disclosure” that is in the public interest should be protected by law from any unfair treatment resulting in making the disclosure. In this essay I will evaluate whether the law protects whistleblowers adequately. Prior to the Public Interest Disclosure Act 1998 coming into force on the 2nd of July 1999, whistleblowers did not have protection against unfair dismissal. Employees who attempted to expose of illegal activity would face open discrimination by their bosses and fellow employees, they would also face disciplinary action and were often denied of career advancement. The Public Interest Disclosure Act 1998 came into force to protect workers and a worker in this context includes most workers in the public, private and voluntary sectors. The Act does not apply to self-employed workers other than those in the NHS, and voluntary workers such as charity trustees and charity volunteers...
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