A party who is dissatisfied with the whole or part of the Referee's decision may, within 14 days from the date of the decision, appeal against the decision by filing a Notice of Appeal with IAC and paying a fee of $2 by crossed cheque made payable to 'Registrar, Industrial Arbitration Court'. The party should at the same time hand a copy of the appeal to the other party (the Respondent).
The Registrar will inform the party who has filed the appeal (the Appellant) when the Referee's written grounds of decision and the transcript of the hearing are ready.
The Appellant is required to purchase both by paying the required fees of $50 for the written grounds of decision, and $2.50 per page for the transcript.
If, after reviewing the written grounds of decision and the transcript, the Appellant decides not to proceed with the appeal, he should file a Notice of Discontinuance and hand a copy of the notice to the Respondent. If he decides to proceed with the appeal, he should, within 21 days from the date of receipt of the transcript and written grounds of decision file with IAC 5 copies of the record of appeal, which should include the following:
- A Petition of Appeal containing a brief statement of the facts of the case including the substance of the whole or part of the decision appealed against and the grounds of appeal
- The transcript of the hearing before the Referee
- The written grounds of decision of the Referee
- Any relevant exhibit or other document produced during the Referee hearing.
The Registrar will send a copy of the record of appeal to the Respondent, and after consulting the President of IAC, will fix a date for the hearing of the appeal by the President of IAC.
At the hearing, the Appellant will be asked to present his case first, and the Respondent will be entitled to give his reply. The parties are not allowed to call any witnesses at the hearing. The Appellant is not allowed to introduce any additional ground of appeal. Except for these aspects, the other procedures for a Court hearing will apply. At the conclusion of the hearing, the President of IAC will give his decision, either on the same day or another day, depending on the circumstances of the case. The decision of the IAC President is final and conclusive.