ADJUDICATOR, ADMINISTRATOR OR ADVOCATE? THE ROLE OF THE LABOUR BOARD IN JUDICIAL REVIEW PROCEEDINGS

Abstract

Generally, the courts have shown deference to the decisions of labour relations boards. A recent judicial trend, restricting the standing of labour relations boards in judicial review proceedings, threatens the process of informed and rational decision making in the courts. This is especially true in relation to issues of natural justice. Statistical data suggest that the participation of inferior tribunals in judicial proceedings has a significant impact on courts' decisions. It is important to the administrative process for the boards to preserve their standing in judicial review proceedings, while always avoiding an unduly adversarial stance. Written reasons for a board's decisions cannot anticipate all grounds of review. To the extent that labour boards are allowed to explain their procedures to the courts, the courts will make decisions that are more informed and more responsive to the labour realities for which the boards are primarily responsible.