Appearances in The Employment Tribunal by Non-Lawyers
Introduction
1. The Employment Relations Tribunal (Employment Tribunal) established under the Employment Relations Promulgation (ERP) has issued its first practice direction (Practice Direction No. 1 of 2008). This is about appearances before it by persons who are not lawyers.
2. This is a summary of the Practice Direction, which came into force on 8 December 2008.
Appearances in proceedings before the Employment Tribunal
3. A party to a proceeding before the Employment Tribunal (whether an employment dispute or an employment grievance) may:
(a) appear personally
(b) be represented by a representative whom the Employment Tribunal is satisfied has authority to act in the proceedings
(c) be represented by a lawyer.
Appearances in Employment Disputes and Employment Grievances by Companies and Trade Unions
4. In all appearances before the Employment Tribunal, representatives appearing on behalf of registered trade unions or corporate employers, and who are not lawyers, must satisfy the Employment Tribunal that they have been properly authorised in writing to act on behalf of the trade union or corporate employer under a written law or the constitutional documents of that entity.
Appearances in Employment Grievances on Behalf of Workers
5. A different rule applies to workers who have personally reported an employment grievance. They may appear before the Employment Tribunal in the following ways:
(a) in person
(b) through a lawyer
(c) through a person authorised in writing by the Permanent Secretary of Labour under section 18(b) of the ERP
(d) through a person whom the worker has authorised to act on the worker’s behalf.
[A personal acknowledgment or letter from the worker is likely to be accepted by the Tribunal as sufficient authority from the worker for a trade union official or other non-lawyer advocate to represent the worker in the grievance.]Practical issues for corporate employers
6. Corporate employers, who do not wish to be represented by a lawyer in the Employment Tribunal, will need to go through the proper processes to give written authorities to their nominated representatives. At every dispute or grievance, corporate representatives will have to be able to satisfy the Employment Tribunal, on request, that written authority has been given in accordance with corporate constitutional documents. In the case of a company or statutory body, a deed of appointment under the corporate seal should be clear evidence of authority. Alternatively, a copy of a directors’/board members’ resolution will suffice. A copy of the deed or resolution should be available to be shown to the Employment Tribunal if required at all appearances before the Tribunal. It is recommended that such authorisations be laminated.
7. It is not clear yet whether the Employment Tribunal will accept a general appointment under seal by a corporate body, which authorises the chief executive or chief human resources officer to appoint another officer or person to appear in any Tribunal matter on behalf of the corporate body (in which case the general authority and the authorisation of the relevant officer or person should be all that need be produced to the Employment Tribunal). We will attempt to clarify this at the earliest opportunity.
8. For further information contact:
Jon Apted
Partner
Direct Dial +679 322 1812
Email Jon
Shayne Sorby
Associate
Direct Dial +679 322 1851
Email Shayne
Disclaimer
The information and opinions in this Legal Alert are for general information purposes only. They are not intended as specific legal or other professional advice and should not be relied upon or treated as a substitute for specific advice. Munro Leys can accept no responsibility for any loss arising from reliance on the general information contained in this Legal Alert.