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I don't think so. They are responsible for the design of the process and choosing the panelists. For the panel to be independent it has to be free to make it own decisions free from interference or incentives which can be manipulated.
So perhaps they picked the wrong people or the panels design is wrong, but I don't think we can conclude this from one decision. Would need to see if the panels decisions are systematically awry
If the tribunal went thru due process on a case & came to a decision we agree w, I think we'd all be up in arms if govts stepped in and overruled it (or pulled strings behind scenes to change it). So I feel uncomfortable saying that they should for a decision I disagree with
I know what you mean. The structure and process has to allow for more than one outcome. Whether work based HR processes need Ind external scrutiny is a separate and really big Q. Perhaps make more use of existing Courts and legal structure?
Thank you. This decision is so awful that to me it is sufficient to point to something radically wrong. But that is subjective. To the woman affected, I doubt it much matters which part of the apparatus produced the result.
I will say that people appointed to these kinds of tribunals are not usually independent the way GAAR panels/ law reform commissions etc are :)
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