||All England Reporter
|| All ER (D) 192 (Oct)
||Employment Appeal Tribunal
Lady Smith, Mr D Evans and Mr P Gammon
||Susan Machin (instructed by the Bar Pro Bono Unit) for the employee.
||Jason Galbraith-Marten (instructed by Cloisters) for the employer.
||15 October 2007
Trade union - Domestic tribunal - Review of decision - Adjudication by certification officer on complaint by member - Member appealing against officer's decision - Whether officer having jurisdiction to hear complaint - Whether officer erring - (Consolidation) Act 1992, s 108B(1).
Trade union Domestic tribunal. In the instant case, a decision of a certification officer dismissing a complaint of an employee on the basis that he had no jurisdiction to make a declaration as the complaint was not in respect of a rule relating to disciplinary proceedings, would be upheld. The task for the certification officer was to construe the rule and only the rule.
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