The court presided over by Justice Kweku Ackaah - Boafo held the Lands and Natural Resources Minister exceeded his powers by assuming
the powers of an adjudicator.
Not exact matches
He said he was «very pleased when David Cameron committed to Government consideration
of how the Groceries Code
Adjudicator can be given a wider remit and greater remit and greater
powers to protect our dairy farmers.»
We heard about the new supermarket
adjudicator appointed under the UK's mandatory supermarket code
of conduct, and how she intended to exercise her
powers, including by the imposition
of «punitive fines» based on a percentage
of turnover in the event
of repeated abuses
of market
power down the supply chain by the supermarket majors.
In previous articles, we have written about how Canadian Human Rights legislation confers broad
powers on
adjudicators to make damage awards for wage and other financial loss, for damage to dignity, feelings or self - respect, and for exemplary damages to drive home the heinous nature
of impugned conduct; to order employers to institute educational programs; or to do other pro-active things to secure compliance with the Code.
In the recent case
of Bintai Kindenko Pte Ltd v Samsung C&T Corp [2017] SGHC 321 ¸ the Singapore High Court further clarified what would amount to a breach
of natural justice on the part
of the
adjudicator, such that the Court would exercise its
power to set aside the adjudication determination.
It is, as
Adjudicator Shime observed in Bell v. Ladas, supra, and as has been widely accepted by other
adjudicators and academic commentators, an abuse
of power.
Referring to his
powers under The Human Rights Code, the
adjudicator made it clear that there could be significant financial exposure to a business owner when the effects
of sexual harassment on an employee trigger a lengthy period
of unemployment.
They are appointed to short, fixed terms (usually
of three to five years» duration), and governments routinely exercise their reappointment
power in a capricious, ideologically motivated fashion, with incoming governments clearing the decks
of appointees remaining from the prior government or removing those who deliver unpopular decisions (or, apparently just as often, refusing to reappoint
adjudicators for no discernible reason whatsoever).
However, where a question
of law falls into one
of four correctness categories, the presumption is rebutted and correctness applies (Capilano at para 24): These are (i) constitutional questions regarding the division
of powers; (ii) issues «both
of central importance to the legal system as a whole and outside the
adjudicator's specialized area
of expertise»; (iii) «true questions
of jurisdiction or vires»; and (iv) issues «regarding the jurisdictional lines between two or more competing specialized tribunals».
This Division also amends the Wage Earner Protection Program Act to transfer to the Canada Industrial Relations Board the
powers, duties and functions
of adjudicators under that Act and makes consequential amendments to other Acts.
In enacting Division XIV
of Part III
of the Code, Parliament created another forum besides the courts to hear complaints
of unjust dismissal and granted Code
adjudicators remedial
powers common law judges are without.»