PART 3
TRIBUNAL
1. Upon receipt of a complaint by the Commission, the Commission shall determine:
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(a) whether a tribunal is the appropriate mechanism for resolving that dispute and if so, the Commission shall establish itself as a tribunal; or
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(b) determine what is the appropriate method of dealing with the matter.
2. Subject to the provisions of section 17 of the Act, the tribunal shall comprise three members of the Commission one of whom shall be the Chairperson of the Commission.
3. A matter shall be instituted by an Applicant presenting to the Chairperson of the Commission a complaint set out in the prescribed form which shall set out:
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(a) the name and address of the applicant and, if different, an address within the Member State to which he requires notices and documents relating to the proceedings to be sent;
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(b) the names and addresses of the person or persons against whom relief is sought; and
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(c) the relief and the grounds with particulars thereof, on which such relief is sought.
4. Where the Commission is of the opinion that the complaint does not seek or on the facts stated, cannot entitle the applicant to a relief which a tribunal has power to adjudicate on, it may give notice to that effect to the applicant stating the reasons for its opinion and informing him that the complaint will not be heard.
5. (1) Upon determining that it is appropriate to establish itself as a tribunal the Commission shall, within 14 days of receipt of the complaint:
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(a) send a copy of the complaint to the respondent;
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(b) give every party notice in writing of the complaint number, which shall constitute the title of the proceedings, the address to which notices and other communications to the Tribunal shall be sent; and
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(c) send to the respondent a notice in writing, which includes information, as appropriate to the complaint, as to the means and time for entering an appearance, the consequences of failure to do so, that a tribunal has been established to hear the complaint and the right to receive a copy of the decision.
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(2) The Commission shall cause to be entered such details of the complaint as are referred to in paragraph 3 in a Register either within 28 days of receiving it, or, if that is not practicable, as soon as is reasonably practicable thereafter.
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(3) The details of the complaint to be entered in the Register are:
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(a) the complaint number;
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(b) the date that the application was received by the Commission;
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(c) the name and address of the applicant;
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(d) the name and address of the respondent;
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(e) the type of claim brought in general terms without reference to its particulars.
6. (1) A respondent shall, within 18 days of receiving a copy of the complaint enter an appearance to the proceedings by presenting to the tribunal a notice of appearance in the prescribed form:
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(a) setting out his or her full name and address and, if different, an address within the jurisdiction to which he or she requires notices and documents relating to the proceedings to be sent;
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(b) stating whether or not he or she intends to resist the application; and
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(c) if he or she does intend to resist it, setting out with sufficient particulars to show on what grounds.
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(2) Upon receipt of a notice of appearance the Commission shall cause to be sent a copy of such notice to each other party.
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(3) A respondent who has not entered an appearance shall not be entitled to take any part in the proceedings except:
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(a) to apply under paragraph 16(1) for an extension of the time appointed by this paragraph for entering an appearance;
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(b) to make an application under paragraphs 7(3) and 16 herein for a direction requiring the applicant to provide further or better particulars of the ground on which he relies and of any facts and contentions relevant thereto;
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(c) to be called as a witness by another party; or
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(d) in the discretion of the Tribunal where no harm or prejudice would be caused to the applicant.
7. (1) The tribunal may at any time, on the application of a party to the proceedings or of its own motion, give such directions on any matter arising in connection with the proceedings as appear to the Tribunal to be appropriate.
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(2) An application under paragraph (1)-
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(a) may be made by presenting to the Tribunal a notice of application, which shall state the title of the proceedings and set out the grounds for the application; or
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(b) may be made at the hearing of the complaint.
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(3) Directions under paragraph (1) may include any requirement relating to evidence, the provision of further particulars and the provision of written answers to questions put to a party by the tribunal.
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(4) The Tribunal may appoint the time at or within which and the place at which any act required in pursuance of this paragraph is to be done and may direct that a copy of any document furnished pursuant to any requirement imposed under this paragraph be presented to the Tribunal.
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(5) The tribunal may, on the application of either of the parties to the proceedings or of its own motion: -
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(a) require the attendance of any person in the jurisdiction either to give evidence or to produce documents or both and may appoint the time and place at which the person is to attend and, if so required, to produce any document; or
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(b) require one party to grant to another such disclosure or inspection (including taking of copies) as might be granted by a court under Part 28 of the Civil Procedure Rules.
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(6) Where a requirement has been imposed under paragraph (1) or (5) herein:
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(a) on a party in his absence; or
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(b) on a person other than a party;
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that party or person may apply to the tribunal by notice to the Chairperson to vary or set aside the requirement. Such notice shall be given before the time at which, or as the case may be, the expiration of the time within which the requirement is to be complied with. The party making this application shall give notice of the application to all parties to the proceedings.
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(7) If a requirement under paragraph (1) or (5) is not complied with, the tribunal, may, before or at the hearing, strike out the whole or part of the complaint, or as the case may be, the notice of appearance, and where appropriate, direct that a respondent be debarred from defending altogether.
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(8) Notwithstanding paragraph (7) a tribunal shall not exercise its powers unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so, or the party has been given an opportunity to show cause orally or in writing why the powers conferred by this paragraph should not be exercised.
8. (1) The Chairperson shall fix the date, time and place of the hearing of the complaint and shall cause a notice of hearing as prescribed in Form 6 of Schedule 3, together with information and guidance, if necessary, as to attendance at the hearing, witnesses and submission of documents, representation by another person and the making of written representations.
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(2) The notice of hearing shall be sent to every party not less than 14 days before the date fixed for the hearing except where the Chairperson has agreed to a shorter time with the parties.
9. (1) A tribunal may at any time before the hearing of a complaint, on the application of a party made by notice to the Chairperson or of its own motion hear and determine any issue relating to the entitlement of a party to bring or contest the proceedings to which the complaint relates.
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(2) A tribunal shall not determine such an issue unless the Chairperson has sent notice to each of the parties giving them an opportunity to submit representations in writing and to advance oral argument before the tribunal.
10. (1) A tribunal may at any time before the hearing of a complaint on the application of a party made by notice to the Chairperson or of its own motion, conduct a pre-hearing review, consisting of a consideration of:
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(a) the contents of the complaint and notice of appearance;
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(b) any representations in writing; and
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(c) any oral argument advanced by or on behalf of a party.
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(2) If a party applies for a pre-hearing review and the tribunal determines that there shall be no review, the Chairperson shall cause to be sent notice of the determination as prescribed by Form 9 of Schedule 3to that party.
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(3) A pre-hearing review shall not take place unless the Chairman has caused to be sent to all parties' notice of the pre-hearing giving all parties to the proceedings an opportunity to submit representations in writing and to advance oral argument at the review.
11. (1) Any hearing of a complaint shall be heard by a tribunal composed in accordance with paragraph 2.
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(2) If a party wishes to submit representations in writing for consideration by the Tribunal, he shall present his or her representations to the Chairman not less than 10 days before the hearing and shall at the same time send a copy to the other party.
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(3) The Tribunal shall, if it deems it appropriate, consider representations in writing, which have been submitted to the Chairman less than 10 days before the hearing.
12. (1) The Tribunal shall, so far as it appears to be appropriate, seek to avoid formality in its proceedings and shall not be bound by any law relating to admissibility of evidence in proceedings before any court of law. The tribunal shall make such enquiries of persons appearing before it and witnesses that it considers appropriate and shall otherwise conduct the hearing in such manner, as it considers most appropriate for the clarification of the issues before it and generally to the just determination of the proceedings.
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(2) Subject to paragraph (1) herein, at the hearing of the complaint a party shall be entitled to give evidence, call witnesses, to question any witness and to address the tribunal.
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(3) If a party fails to attend or be represented at the time and place fixed for the hearing, the tribunal may, proceed to adjudicate fully on the case as if that party had duly appeared or may adjourn the hearing to a later date; provided that before adjudicating on any application in the absence of a party, the tribunal shall consider the complaint or notice of appearance, any representations in writing presented by him in pursuance of paragraph 13(2)(3) and any written response furnished to the tribunal pursuant to paragraph 8 (1).
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(4) The Tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
13. (1) The decision of the Tribunal shall be determined by majority vote.
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(2) The Chairman of the Tribunal shall record and sign the decision of the Tribunal, which may be given orally at the end of a hearing or reserved, in prescribed from in Form 5 Dispute Resolution Order in Schedule 3.
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(3) The Tribunal shall give reasons for its decision in a document signed by its Chairman.
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(4) Where the Tribunal:
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(a) makes an award for compensation, or
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(b) comes to any other determination by virtue of which one party is required to pay a sum to another the document shall also contain a statement of the amount of compensation awarded, or of the sum required to be paid, followed either by a table showing how the amount or sum has been calculated or by a description of the manner in which it was calculated.
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(5) The Chairman of the tribunal shall cause the decision of the tribunal to be recorded in the Register.
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(6) Clerical mistakes in the documents referred to in paragraphs (2), (3) and (4) herein or errors arising in those documents from an accidental slip or omission, may at any time be corrected by the Chairman of the Tribunal by certificate.
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(7) If a document is corrected by certificate, the Chairman of the tribunal shall cause the entry in the Register to be corrected to conform with the certificate and send a copy of any entry so corrected to each of the parties.
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(8) Where this paragraph requires a document to be signed by the Chairman of the Tribunal but by reason of death or incapacity the Chairman is unable to sign it, the document shall be signed by the other members of the tribunal, who shall certify why the Chairman is unable to sign.
14. (1) Subject to the provisions of this paragraph, a tribunal shall have power, on the application of a party to the proceedings or of its own motion, to review any decision on the grounds that:
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(a) the decision was wrongly made as a result of an error on the part of the staff of the Commission;
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(b) a party did not receive notice of the proceedings leading to the decision;
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(c) the decision was made in the absence of a party;
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(d) new evidence has become available since the conclusion of the hearing to which the decision relates, provided that its existence could not have been reasonably known of or foreseen at the time of the hearing; or
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(e) the interests of justice require such a review.
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(2) The tribunal may only review a decision of its own motion if:
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(a) it has sent notice to each of the parties explaining in summary form the ground upon which and reasons why it is proposed to review the decision and giving them an opportunity to show cause why there should be no review; and
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(b) such notice has been sent on or after the date of the hearing, but within fourteen days of the date on which the decision was sent to the parties.
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(3) An application for the purposes of paragraph (1) may be made at the hearing. If no application is made at the hearing, an application may be made to the Chairman on or after the date of the hearing, but within twenty-eight days of the date on which the decision was sent to the parties. Such application must be in writing and must state the grounds in full.
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(4) An application for purposes of paragraph (1) herein may be refused by the tribunal which decided the matter if in their opinion it has no reasonable prospect of success.
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(5) On reviewing its decision the tribunal may confirm the decision or vary or revoke the decision; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.
15. (1) Subject to the provisions of these paragraphs, the tribunal may regulate its own procedure.
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(2) The tribunal may:
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(a) if the applicant at any time gives notice of the withdrawal of his complaint, dismiss the proceedings;
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(b) if both or all the parties agree in writing upon the terms of a decision to be made by the tribunal, decide accordingly;
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(c) subject to paragraph (3), at any stage of the proceedings, order to be struck out or amended, any complaint or notice of appearance, or anything in such complaint or notice of appearance on that grounds that it is scandalous, misconceived or vexatious;
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(d) subject to paragraph (3) herein at any stage of the proceedings, order to be struck out any complaint or notice of appearance on the grounds that the manner in which the proceedings have been conducted on behalf of the applicant or, as the case may be, respondent has been scandalous, unreasonable or vexatious; and
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(e) subject to paragraph (3) herein on the application of the respondent or of its own motion, order a complaint to be struck off for want of prosecution;
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(f) with the agreement of the parties determine a dispute
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(i) solely on written submissions; or
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(ii) a combination of written and oral submissions.
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(3) Before making an order under sub-paragraph (c), (d), or (e) of paragraph 2, the tribunal shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made; but this paragraph shall not be taken to require the tribunal to send such notice to that party if the party has been given an opportunity to show cause orally why the order should not be made.
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(4) Where a notice required by paragraph (3) is sent in relation to an order to strike out a complaint for want of prosecution, service of the notice shall be treated as having been effected if it has been sent by registered post, courier or delivered by hand and the tribunal may strike out the complaint.
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(5) The tribunal may, before determining an application under paragraph 7 or paragraph 14 require the party making the application to give notice of it to every other party. The notice shall give particulars of the application and indicate the address to which and the time within which any objection to the application shall be made being an address and time specified for the purposes of the application by the tribunal.
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(6) The Chairman of a tribunal may postpone the day or times fixed for, or adjourn any hearing and vary any such postponement or adjournment.
16. (1) The Tribunal may, on the application of a party or of its own motion, extend the time appointed for doing any act by or under these paragraphs and may do so whether or not the time so appointed has expired.
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(2) An application under paragraph (1) shall be made by presenting to the Chairman of the tribunal a notice of application on the prescribed Form 7 of Schedule 3, which shall state the title of the proceedings and shall set out the grounds for the application.
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(3) The Chairman shall cause to be given notice to the parties of any extension of time granted under this paragraph.
17. (1) The tribunal may at any time during the course of the proceeding, on the application of any person made by notice to the Chairman or of its own motion, direct any person against whom relief is sought to be joined as a party, and give such directions as it considers necessary.
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(2) The tribunal may likewise, on such application or of its own motion, order that any respondent named in the complaint, or subsequently added, who appears to the tribunal not to have been, or to have ceased to be directly interested in the subject of the complaint, be dismissed from the proceedings.
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(3) Where there are a number of persons having the same interest in an originating application, one or more of them may be cited as the person or persons against whom relief is sought, or may be authorised by the tribunal, before or at the hearing, to defend on behalf of some or all of the persons so interested.
18. (1) Where, in relation to two or more complaints pending before the tribunal it appears to the Tribunal on the application of a party made by notice to the Chairman or of its own motion, that:
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(a) a common question of law or fact arises in some or all of the complaints; or
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(b) the relief claimed in some or all of those complaints is in respect of or arises out of the same set of facts; or
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(c) for any other reason it is desirable to make an order under this paragraph;
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(d) the tribunal may order that some or all the complaints in respect of which it so appears to the tribunal shall be considered together, and may give such consequential directions as may be necessary.
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(2) The Tribunal shall only make an order under this paragraph if:
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(a) each of the parties concerned has been given an opportunity at a hearing to show cause why such an order should not be made; or
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(b) it has sent notice to all the parties concerned giving them an opportunity to show such cause.
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(3) The tribunal may, on the application of a party made by notice to the Chairman of the Tribunal or of its own motion, vary or set aside an order made under this paragraph but shall not do so unless it has given each party an opportunity to make either oral or written representations before the order is varied or set aside.
19. (1) The Chairman of the Commission shall cause to be created and shall maintain a Register of matters pending before a tribunal. This Register shall be open to inspection by the public.
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(2) The Register shall contain details of the complaint and response in accordance with paragraphs 5(3) and 6, documents recording the decisions of tribunals and reasons therefore.