Commentary

(2) Scope of the tribunal's enquiry

Division BI Pay
| Commentary

(2) Scope of the tribunal's enquiry

| Commentary

(2)     Scope of the tribunal's enquiry

It is for the party claiming the section 14 exemption to show it applies. It is therefore not enough for the employer merely to assert that one of the section 14 grounds applies. In order to determine whether the tribunal's jurisdiction is ousted by ERA 1996 s 14 (or by s 16), the tribunal must first make findings of fact to determine whether, for example, there has been an overpayment of wages or expenses or whether the worker actually took part in a strike or other industrial action (see Gill v Ford Motor Company Ltd; Wong v BAE Systems Operations Ltd [2004] IRLR 840). If it were otherwise, the employer could simply oust the tribunal's

To continue reading
Analyse the law and clarify obscure passages all within a practical context.