The South Australian Employment Tribunal, which also sits as the South Australian Employment Court (formerly the Industrial Relations Court of South Australia and Industrial Relations Commission of South Australia) is a South Australian tribunal empowered to adjudicate on rights and liabilities arising out of employment. It has existed in some form or another since 1912, under various names.
The Employment Court is a court of record established under the South Australian Employment Tribunal Act 2014.
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ok ok We are the magistrates and we hear all the evidence in the case and decide whether the defendant is guilty or not guilty. It is for the prosecution to prove their case beyond all reasonable doubt otherwise we will dismiss it. Traditionally there are three magistrates. I'm the chair and will decide the case with my two colleagues If my two colleages can't agree I will have the deciding vote occasionally we may have to sit as a pair and then decide the case between us Although we've had some training, we are not legal professionals and we are not paid. Magistrates hear all summary offences within their jurisdiction. They can also hear triable either way offences where the defendant has agreed that this can be case. If we believe that a trial is too serious we can refer the case up to the crown court . Even after we have heard a case we can refer that case to the crown court if we believe that our sentencing powers are not sufficient. I'm the legal adviser to the justices although you make still hear me referred to as the clerk of the court or the magistrates clerk and I am legally trained. My job is to ensure that everything runs properly and all the proper procedures are followed I'll ask a defendant to enter a plea and I will ask witnesses to identify themselves. I will advise the magistrates on legal matters and I will ensure that only admissible evidence is put before the court. If a defendant is unrepresented, I will advise them to ensure they get a fair trial I'm the Usher and I ensure that all witnesses have answered their summons I'll fetch witnesses in when they're called and administer the oath or affirmation when the witness is giving evidence I'll pass exhibits around the court. I can even fetch a glass of water for someone if they are thirsty. You'll hear me say all rise on the prosecutors mister doctors and prosecution caps there are three things that I was proved to the satisfaction of the court firstly the offenses being committed secondly that the defendant has committed the offence lastly that all the evidence has been gathered in accordance with the correct evidence gathered procedures fell to do any of those things and the defendant is entitled to an acquittal ok I will ask questions prosecution witnesses to enable them to give evidence kind of us leading questions will suggest answers obviously I can only present evidence that has been gathered help if there is a case to answer and the defense call witnesses that I can cross examine those witnesses remember the prosecutors are only as good as the evidence they'll skip up photos miss la rollet interests Moncler I can challenge evidence is not been gathered family in accordance with the Police and Criminal Evidence Act 1984 and have the evidence excluded if if so required if you fat for exercise your house correctly can account adequately for all your actions initially little for me to challenge remember it's not for the defense to win the case for the prosecution's lose ok
History
In 1906, the Factories Amendment Act created a Court of Industrial Appeals, consisting of a single Supreme Court judge who heard mainly appeals from determinations of wage boards. That Court was abolished in 1912 and replaced with the Industrial Court of South Australia under the Industrial Arbitration Act 1912. The Court's existence was continued by the Industrial Code 1920, the Industrial Code 1967, and then later by the Industrial Conciliation and Arbitration Act 1972. In 1994, the Court's name changed to the Industrial Relations Court under the Industrial and Employee Relations Act 1994. That act was subsequently renamed the Fair Work Act 1994. In 2017, the Industrial Relations Court of South Australia was dissolved by an amendment to the Fair Work Act 1994, and it was immediately replaced by the present Court, which is constituted under the South Australian Employment Tribunal Act 2014.
Judiciary and appointment
The Court's judiciary consists of the President, who is a Justice, and Deputy Presidents who are either Judges or Magistrates.
The President and other Judges of the Court may be appointed by the Governor as Judges of the District Court of South Australia and assigned by proclamation to the Court as Presidential members. Judges of the Court hold office on the same terms as District Court Judges: they must retire at the age of 70 and can only be removed by an address by both houses of the South Australian Parliament.
Magistrates are appointed under the Magistrates Act 1983 and assigned by proclamation to be a Deputy President of the Court. Magistrates hold office to the age of 70.
Jurisdiction
The Court has both civil and criminal jurisdiction in respect of a wide range of disputes arising out of employment law. Its jurisdiction includes the interpretation of industrial awards and the determination of questions reserved by the South Australian Employment Tribunal and the validity of determinations by the Tribunal.
In most cases the Court is constituted by a single judge or magistrate. The Court sits as a Full Court (usually constituted by a bench of three judges) to hear appeals from the decisions of a single judge or magistrate of the Court and to consider questions of law reserved.
An appeal is available from decisions of the Full Court of the Court to the Supreme Court of South Australia, with permission from the Supreme Court.
South Australian Employment Tribunal
The South Australian Employment Tribunal is a body that complements the functions of the Court. Most members of the Court are also members of the Tribunal. The Tribunal deals with arbitration matters which cannot be dealt with by a Court, in accordance with the Boilermakers' doctrine.
The SAET overseas landmark cases like the Shahin Enterprises case where OTR was forced to repay $65,000 after not providing toilet breaks to staff.[1]
Current presidential members
(Date of appointment appears in brackets)
President
Justice Steven Dolphin (1 February 2015; President from 7 November 2017)
Judges (and Deputy Presidents)
Judge Greg Stevens (From 1994)[2]
Judge Brian Gilchrist (1 May 2000)
Judge Mark Calligeros (1 February 2015)
Judge Margaret Kelly (19 December 2017)
Judge Anthony Rossi (13 May 2019)
Judge Miles Crawley (7 December 2020)
Magistrates (and Deputy Presidents)
Stephen Lieschke (17 October 2005)
Katherine Eaton (1 December 2022)
References
- ^ Bedo, Stephanie (19 August 2020). "Servo worker gets $65k for no toilet breaks". news.com.au. Retrieved 22 November 2021.
- ^ "May 2020 Newsletter" (PDF). Australian Labour and Industrial Relations Association SA (ALERA SA) Newsletter: 5. May 2020. Retrieved 11 February 2024.
External links
- "South Australian Employment Tribunal website".
- "South Australian Employment Tribunal decisions" – via AustLII.
This page was last edited on 11 February 2024, at 22:44