The Rule of Law and the wheels of Justice

The authority to adjudicate labour disputes is subject to compliance with the regulations, rules and provisions contained in legislation.

The arbitration of labour disputes must, and should, be preceded by compliance with the administrative requirements. Even though frustrating for the complainant, powers cannot be exercised unless the process commenced in line with the prerequisites. Those in power, who wish to exercise its discretion for some of other reason, will step over the line by getting involved or failing to ensure compliance.

Great, in normal language it means that if the process is not followed and rule snot adhered to, those that exercise the powers do so without legislative authority and are overstepping the basic principles of the Rule of Law. Statutory appointed Conciliator and Arbiters must adhere to the rules and ensure that parties comply with the rules, regardless of the sad story behind the complaint.

If they cannot follow their own rules, the public will continue to mistrust their competencies and abilities, which are the corner stone of justice.

We have seen cases won and lost based on the wording of a power of attorney, at first it appears to be that justice was not done, but in absence of compliance with the prerequisites, the authority to adjudicate has not come into force, and whatever is done thereafter, could be worthless.

Follow the letter of the rules and regulations and its opens the door to justice, ignore it and injustice will follow.