Fleming v Director of Labour and Training [2013] SC (Bda) 80 Civ
The applicant had submitted a complaint about her employer to the Employment Inspector, in order to determine whether or not it should go before an employment tribunal.
The Inspector refused to forward the complaint to the Tribunal, stating that the employer had not breached the Employment Act.
It was HELD that when an inspector is deciding whether to forward a complaint to the Tribunal, the relevant test is similar to the test for striking out in the Supreme Court as to whether the case has any reasonable prospects of success. It is not for an inspector to make findings of fact and law for himself.
The applicant had submitted a complaint about her employer to the Employment Inspector, in order to determine whether or not it should go before an employment tribunal.
The Inspector refused to forward the complaint to the Tribunal, stating that the employer had not breached the Employment Act.
It was HELD that when an inspector is deciding whether to forward a complaint to the Tribunal, the relevant test is similar to the test for striking out in the Supreme Court as to whether the case has any reasonable prospects of success. It is not for an inspector to make findings of fact and law for himself.
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