Tribunal

Question: Can an employment tribunal claim be informally settled despite receiving a hearing date? I received a letter from my solicitor regarding my full hearing date for my employment tribunal claim (it's in 4 months' time). I can't get hold of him for some reason, and am in a bit of a state. I would like to know whether the claim could still be settled informally before the hearing date, and whether there can be more than one meeting with the conciliator/mediator?

Answer: Yes, of course. Some companies settle 'on the door step' of the Court room on the day of the hearing ...

Question: How do i represent myself at an employment tribunal? i have my case heard at the tribunal in a months time, but i cannot afford any representation. i have no idea what to do or say in the hearing. the tribunal tells me that i have to prepair a 'bundle'. a bundle of evidence maybe? my ex-employer had all the statistical 'evidence' which kept changing. all i really have is the knowledge inside my head that i was unfairly dismissed when similar employees of a similar standard were not disciplined in any way. i'm thinking i'm screwed! anybody have any suggestions?

Answer: First thing: Don't Panic. Employment Tribunals (ET's) are used to having claimants represent themselves. An unfair dismissal claim (which is presumably what yours is) is very straightforward. It will all turn on facts, who said what to whom and so on and the documents which you should already have. Don't worry about the law, the Tribunal know the law and they don't expect you to. Ordinarily, the tribunal would require the Respondent employer to prepare the bundle. If you're doing it, it is simply a chonologcial file of releavnt documents. Start with your Tribunal application (ET1) then the ET3, then the orders made (if any) in date order. Second section is the documents upon which you rely and the otehrside relies in chronologcial order beginning with the earliest. Don't assume every single bit of paper is relevant to the hearing. best thing to do is make a list of the documents you think are relevant, send them to the other side and ask them to agree or amend the list and then you can prepare an agreed file (or bundle). You will need SIX copies of the bundle (file). The hearing itself: 1. identify the issues in the case - the tribunal may have done these for you already. i.e. were you unfailry dismissed? 2. You will exchange witness evidence you want to rely on with the otehr side before the hearing. Yours should be a comprehensive account of what you did, what happeend and why you think it's unfair. Keep it factual, keep it jargon-free and avoid hyperbole and exaggeration and opinion. 3. Make a list of the matters within their documents and evidence you disagree with and want to challenge. 4. Write out a list of all the questions you want to ask each witness. Again, do it chonologically. Keep them simple and factual and write them out in full: e.g "Have any other employees been sacked for the same reason?". The tribunal will guide you if you ask something you shouldn't. Don't pussyfoot around, get stuck in! 5. Don't be intimidated and don't be put off. At the end of the evidence (they go first, then you) you have the chance to make a short submission why you should win and they should lose. Write it out and deliver it clearly. Then sit back and wait to see what happens, Good luck

Question: Would you file a lawsuit or file a application to the Human Rights Tribunal every time you were discriminated? Would you file a lawsuit or file a application to the (HRTO) Human Rights Tribunal of Ontario EVERY time you were discriminated against, know that the process of risk free for complainants? Even if that means you have 3 lawsuits in 2 months? Please feel free to ask questions. Thanks.

Answer: yes, if i was a huge dick

Question: How can Radical Muslims be tried by military tribunal with no formal declaration of war by our congress? We are not at war. Therefore the tools of war time are not available to the government. Facing a military tribunal with no declaration of war is illegal! Loony lefty- never been called that before. You couldn't be further from the truth.

Answer: 9/11 is still an inside job; link are more then 1300 engineers and architects from MIT, Harvard and other notable institutions who are demanding re investigation. http://www.ae911truth.org/ American ignorance is killing American soldiers and thousands of innocent children, women and men around the world

Question: What are some good Military Tribunal Affirmative Debate Ideas? Hello, I need some good ideas for Military Tribunal affirmative debate ideas. The debate is that Military Tribunals should be allowed public access. So far I have. 1) Breeds Corruption if public has no access to it (Boston Massacre 1770) 2) 3) I need a couple more. Any thoughts would be thankful.

Answer: Sorry. I'm on the 'Anti' side. There is too much national security at stake for the public to have access to much of the trial. I'd rather it be a closed trial than closed casket funerals for American soldiers in the field or civilians here at home.

Question: What do you have to do to start proceedings to take your employer to a tribunal for unfair dismissal please? Im in the U.K and I have a friend who has grounds for taking her employer to a tribunal for unfair dismissal but does not know where to go or how to start it. Can anyone tell me the best place to go to start one and if you know what the procedure is during this and anything else that you think may be helpful please. Many Thanks in advance.

Answer: As Cheryl has already said, try the link below. The tribunal system is quite helpful to individuals who don't necessarily need a Solicitor, however, the Employer will usually employ one so it's better if the complainant does too in those circumstances. It can be a drawn out process so she should be prepared to be determined. I don't believe legal aid is available for employment tribunal but don't let that deter her if she has a genuine case.

Question: What can I gain by taking my employer to tribunal for constructive dismissal? I've worked for te same company for 4 years and now have new management. They have changed my role basically to a far junior position- although I am on the same salary. More and more or my work is being taken away from me and I'm sure that they'd be very happy if I left. If I did decide to take them to a tribunal for Construcive dismissal what would I get out of it? Forgot to say, we've no HR dept!

Answer: You will probably gain nothing at all. You will potentially lose a lot as future employers will not look kindly on taking on people with a history of taking employers to tribunals. You should be discussing this with your managers and HR department. They may have good reason for taking some responsibility away from you. a

Question: Manager who could get company taken to an industrial tribunal? I know of a Junior Manager who has has not yet passed her probation. She is putting the public sector organisation that she works for in danger of being taken to an industrial tribunal, due to dictatorial staff working practices, which are against the Human Rights Act, Health and Safety, not to mention the Disability Discrimination Act. I would like to know what you all think about this? Do you think she will be taken to task by the organisation, eg fired or warned. Or do you think that she will pass her probation?

Answer: What is it you know? Do you have hard factual concrete evidence of what this Junior Manager is doing. Is she doing it to you? You have options. But Do not get involved with her. Do not complain to the organisation.They will do nothing and you will be labelled a troublemaker. Gather facts and wait.They have to be black or white facts and nothing in between. Black or white. Good luck

Question: If you commit perjury at an Employment Tribunal while giving evidence, can you be prosecuted? I attended one where a company manager lied to the tribunal, was caught out and admitted he had intended to mislead the Tribunal. Does the Tribunal chairman have to report him (or could I), and what is the time limit?

Answer: Employment Tribunals hear cases involving employment disputes. They're less formal than some other courts, but you give evidence on oath, and if you lie you can be accused of perjury. The Tribunal can indeed report the perjurer with a view to prosecution. I'd suggest you consult a solicitor, most will give you an initial interview free.

Question: Is the AFL grievance tribunal a joke and are proof that there is bias towards the suns at AFL head quarters? Adelaide were set to appeal the compensation but decided against it after being told that the members of the grievances tribunal were same people who classed nathan bock as a 3 band player. Adelaide spoke to one of the grievance tribunal members about it and they were told that their opinion wouldn't be changed. Will any club actually appeal their compensation picks for loosing players to gold coast?

Answer: g/day Enforcer. long time no see. I did read the article on the reasons why the Adelaide footy club. backed down on seeking compensation for Nathan Bock. and they were wise to do so. Look. with out going into too much detail here. ill try and keep this as brief as possable. The AFL are a law onto themselves. they can pretty much do what ever they want. and footy clubs are at their mercy. in a lot more ways than you can imagine. most clubs are going to hurt in one way or another with. the inception of the 2 new teams. Yes Nathan Bock was named as an All Australian a while ago. and yes the Adelaide footy club can feel very hard done by. they have every right to be spewing over him leaving the club. as they have a big vested interest in him. but it all comes back too. what are they going to do? or what can they do? All i know is they maybe the first club. to rattle the AFLs cage over a grievance such as this. but by all means. they wont be the last. as the Adelaide footy club found out when challenging. the AFL on this matter. they have been told too just suck it up. and that will be the message to all other clubs. that wish to take them head on over a matter such as this.

Question: What were the differences between the laws of Britains court and those of the International Military Tribunal? My high performance english/social studies class is re-creating the Nuremberg Trials and I'm a judge (Norman Birkett). I need to give a 5 minute speech at the begining and I'm almost done but I just need to put in some differences between Britain's court at the time and the courtroom of the International Military Tribunal (USA, France, USSR, and Britain). Sources would be nice.

Answer: I hope you can find the differences here: http://www.zmag.org/crisescurevts/nurlet… http://www.adl.org/education/dimensions_… http://uchicagolaw.typepad.com/faculty/2… http://www.roberthjackson.org/Man/theman… http://www.yale.edu/lawweb/avalon/imt/ja… http://www.lcnp.org/wcourt/tridentnuremb… Good luck on your speech.

Question: What are the advantages and disadvantages of prosecuting individuals before a tribunal for internatioanl crime? What are the advantages and disadvantages of prosecuting individuals before a tribunal for international crimes when compared to the alternatives (summary execution, collective punishment, amnesty, truth, and reconciliation?)

Answer: Disadvantage - It takes too long. Milosovick (sp?) died in jail before his 4 yr trial was even finished.

Question: In their judgement, can an Employment Tribunal change what the employers said in their response? In their response the employer said that x told staff the Unit would be closed due to a reduction in funding. Response was not amended. In their judgement the Tribunal said that x told staff the Unit would probably close due to a reduction in funding.

Answer: The ET can make factual findings on the basis of the evidence before them. Not otherwise. The evidence consists of the ET3, the witness statements, the documents and the oral evidence. The ET3 is therefore only part of the evidence going before the ET. So the short answer is no - the Et can't 'change' the ET3, but they can make findings inconsistent with the ET3 if there is evidence in support of the finding.

Question: Any of you blokes ever been reported & appeared before the tribunal while playing football? I once got six weeks - & I only fronted the tribunal as a witness for a team-mate who had been reported for striking an umpire. I copped the six game suspension for abusing the tribunal panel.

Answer: tough panel mate, 6 weeks, Christ. yes i did several times over my footy career, 6 to be exact, got off the first 3, went down the next, it went 2 weeks, 3 and then 4. i got 3 weeks in the 1887 grand final we won, we were all at the pub and someone said, how did you go at the tribunal ROM, ooops, i forgot all about goin, still got 3 weeks though. the 4 was stupid, it was the next season, 1988, had a shocker, after missing the first 3 from suspension, i came back and fractured my collarbone, 6 weeks later, played a few game, had some other 3 week injury and in the last match, i whacked this bloke and got 4 weeks, so missed the entire finals campaign, we lost the granny, i felt like an idiot, i never thought i would 4, maybe 2, but the mongrel i hit, dobbed me in big time. that's footy.

Question: I recently won an Industrial tribunal for non payment of wages and I haven't received my money what next? I recently won an Industrial tribunal for non payment of wages and I haven't received my my award. The tribunal office has said that I must apply to the county court for payment, however the company I worked for is in administration with a pending criminal case against them by HMCE.. Does anyone know what form I need to complete at the county court or what else I can do next to get my wages?

Answer: Your only hope is the official receiver, but I am afraid that you will have to wait whilst 'bigger' creditors are paid.

Question: Is an employment tribunal a nightmare experience? My daughter is taking her previous employer to tribunal and we are worried (can't afford a solicitor), that, although we are not unintelligent, that we will be intimidated and not get our case across. Is it a difficult experience?

Answer: Nothing is a difficult experience when you have the right attitude. You need to plan ahead of the game. A great solicitor would be an advantage on your part and chances will be on your side. Here is how to get a good solicitor who will definately increase your chances of winning. Step 1) Instruct your solictitor as early as possible We would always recommend that you instruct solicitors as soon as possible. This gives you the time to look around properly and make sure that you are absolutely happy with your choice of firm. Too many people choose the first solicitor that provides a reasonable quote, and this can lead to problems further on in the transaction. Remember you are will be dealing with them on almost a daily basis for several weeks, so it's important to make sure that you're totally happy. Step 2) Is the estate agent's recommendation really the best? Don't automatically opt for the firm recommended by the estate agents, as they are probably paying a referral fee and some agents may recommend the firm paying the highest fee. It's worth bearing in mind though that paying a referral fee doesn't necessarily mean the firm should be ignored. Most estate agents will only recommend solicitors that meet their standards and the firms themselves will try and provide a top class service to agents, as they hope to get more business from the agents. Step 3) Personal recommendation is always the best Remember that you will spend a lot of time dealing with your solicitors during the course of your matter and it is vital that you feel comfortable. The best way to find a conveyancer is by personal recommendation, as there is no better way to find out what a firm is like than by talking to someone who has used their services. If they were happy then you should be too. Step 4) Ask for a complete estimate so you can compare Contact the solicitors and ask them for a written estimate. Be sure to ask if this includes all the costs of the transaction, as some solicitors will add on costs additional to your fees, making it hard to compare different estimates. Ask what will happen if the transaction turns out to be more complex and make sure that they will ask you before carrying out any work that incurs additional fees. Step 5) The cheapest is not always the best choice Bear in mind though that fees are not necessarily the most important factor. Generally speaking, it would be fair to say that you get what you pay for. If you go for the cheapest possible estimate then you will get the cheapest possible service. This will usually be a bulk conveyancing team based approach, where you are merely a number rather than a client, unqualified staff deal with your case and you can't ever speak to the person who knows what is happening and they don't return your calls. Alternatively you can get a sole practitioner who, while qualified, will usually have far too many cases to handle, and will not be up to speed with the latest legal and technological developments. Either way your transaction will inevitably take longer and be more problematic than if you had instructed a firm that charged a more realistic fee. If cost is the only thing that matters to you then this won't be a problem, but in our experience most people would rather pay a little more for a quality service. This doesn't of course mean that you shouldn't compare estimates. Some firms will charge a much higher price, but don't do any more to justify this. Paying a lot more doesn't mean that your transaction will go any smoother or quicker. In general terms we would always say that the most expensive and the cheapest quotes are usually the ones to avoid. Step 6) Get a firm feel It is important to spend a bit of time talking to them to get a better feel of what the firm is like. Ask the firm to explain what will happen during your transaction. If they seem rushed and don't take the time to explain things when they are trying to win your business, then ask yourself whether they are likely to be better when they've already got it. It is also important to ask if they have any additional features such as on-line case tracking, SMS text updates or even whether they use e-mail to write to other parties and to you. They may seem small things, but they can save a phenomenal amount of time during the course of the transaction, which means you can move that bit quicker. Step 7) Location, location, location The location of the firm is not necessarily important. It is worth bearing in mind though that if you are up against a tight deadline or are expecting any last minute problems it might be wiser to choose a local solicitor so that you can easily get to their office if you need to.

Question: Lebanese: does anyone know of good websites to have information, documents and ne about Hariri tribunal? I need wensites about the tribunal. I prefer to have websites on the latest news of what is happening with that tribunal. thanks!

Answer: http://www.zimbio.com/Rafik+Hariri+Tribu… http://www.globalpolicy.org/intljustice/… http://www.bostonherald.com/news/interna…

Question: an I ask for compensation in a tribunal case? I am in dispute over commission owed from an old employer and they have paid me some of what they owe me but not all. I am hoping to claim for travel expenses and time spent chasing them over a 4 month period. How can I word this at the tribunal.

Answer: Provide copies of the expense policy and your expenses incurred and state `Unpaid expenses`.

Question: Can you ask for people to be removed from the public gallery during an employment tribunal? Can people be removed from the public gallery during an employment tribunal if the claimant or repondent requests it? Specifically, people who are involved or mentioned in the bundle but are not being called as witnesses? I have a friend who is representing himself as a claimant and he's worried he'll be distracted if some of his former co-workers appear in the gallery.

Answer: Possible distraction will not wash as a reason...........if the other people actually kick up a fuss then they will be removed.

Question: How can someone who was a taxi driver and drove without a liscense get a tribunal? A woman that my mother and father employed a woman who had a license and then she lost her lisense about a year afterwards, but she didn't inform my mother and father. She has been working for them for about 5 years, but now that my parents have fired her, she has claimed a tribunal. my parents are appealing, has anyone here got any advice?

Answer: Even though this woman was driving illegally and her dismissal was, from you have said, entirely fair, if your parents did not go through the proper dismissal procedure, then she still has a claim. See www.acas.gov.uk - they should have held a formal dismissal hearing and the women could have appealed before being finally sacked. As you will see from the website, employers can still be fined just for not going through the proper procedure - even if the reason for the dismissal was fair.