An Alternative Way To A Court
It is normal in the course of being employed that disputes between the employee and the employer
take place at certain times. Usually, the employer has a good system in place in order to address such disputes but
if the dispute is of such a nature that it cannot be resolved by the employer or if there is a chance that there
will be bias by the employer in resolving such cases, then another venue is needed that offers a place for dispute
resolution and is accepted to both the employer and the employee due to its independence and neutral nature.
One would argue that the need of such a place does not exist for there are courts of law already in
place. They are constituted under the law of the land and provide a third pillar of the basic democratic system of
a country besides the executive and legislature. They are the designated venues, and are presided by honorable
judges who are independent, objective and unbiased.
It therefore makes the presence of any other venue meaningless. Nevertheless, there is another
venue and in most cases, it is preferred more to the court of law, and this venue is known as the Employment
The Employment Tribunal came into being as a result of the fact that the proceedings in the courts
of law were too formal and the procedure for the lawsuit to be filed, summons to be sent, dates for the hearing to
be ascertained and the hearing to be proceeded was too difficult and time consuming. Besides, it was also a fact
that the courts of law were already overburdened with the barrage of a multitude of both civil and criminal cases
and thus lacked the time for employment cases to be heard properly. In addition, the court fee and the lawyers’
remuneration also made them a lot more expensive.
What was needed in the case of employment was a venue where the case could be registered promptly,
the proceedings dealt with quickly and the verdict to be announced shortly after proceedings had been wrapped up.
And all of it had to be achieved at a lower cost than that of the court.
The Employment Tribunal consists of a high court judge, who does the task of presiding and
judgement. Besides him, there are two or four people, with one or two representing the employer and one or two
representing the employee. Usually the employer and the employee attend the proceedings of the Employment Tribunal
in person and present their cases by themselves instead of hiring a solicitor for the purpose of representation.
This drastically reduces the cost of the whole process.
After the judge has heard the case from both sides, he then decides upon the case, and the verdict can come
forward in as little as two weeks. If the employee or the employer is dissatisfied with the results, he may decide
to file an appeal or then move on to a court of law. But usually the need for this does not arise, as the verdict
is acceptable to both in many instances.
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