The role of the courts in industrial relations

Abstract

The topic for discussion today is the role of the courts in industrial relations. I begin by making an immediate qualification and by indicating 2 areas on which I wish to focus. The qualification is that in referring to the courts, I am speaking of the role of the courts of general jurisdiction, particularly the High Court and Court of Appeal, rather than courts and tribunals with specialist responsibilities and notably the Court of Arbitration and its successors. the Industrial Court the Arbitration Court and now soon, the Labour Court. The first matter I propose to explore quite briefly concerns the special features of industrial relations which bear on the role of the courts of general jurisdiction in conflict resolution in that field. The second is to say something about the experience of the Court of Appeal in industrial relations questions in recent years.