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To what extent do courts and tribunals achieve justice in the workplace? In discussing the extent to which courts and tribunals achieve justice in the workplace, it is essential to evaluate several key aspects - HSC - SSCE Legal Studies - Question 31 - 2021 - Paper 1
Question 31
To what extent do courts and tribunals achieve justice in the workplace? In discussing the extent to which courts and tribunals achieve justice in the workplace, it... show full transcript
Worked Solution & Example Answer:To what extent do courts and tribunals achieve justice in the workplace? In discussing the extent to which courts and tribunals achieve justice in the workplace, it is essential to evaluate several key aspects - HSC - SSCE Legal Studies - Question 31 - 2021 - Paper 1
Step 1
Evaluate the effectiveness of courts in achieving justice
Answer
Courts play a critical role in determining justice in the workplace through the application of law. They handle cases involving serious violations of employee rights and ensure due process. However, limitations such as lengthy procedures and the need for substantial legal fees can restrict access, leading to delays in justice.
Step 2
Assess the role of tribunals in resolving workplace disputes
Answer
Tribunals often serve as a more accessible avenue for workers to resolve their disputes. Unlike courts, tribunals operate on a more informal basis, which can lower the stress associated with legal proceedings. They are generally faster and less expensive but may lack the same enforceability of higher court decisions.
Step 3
Discuss the impact of legislation and public awareness
Answer
Legislation such as the Employment Rights Act protects against unfair treatment; however, many employees may not be aware of their rights. This lack of awareness can hinder the effectiveness of courts and tribunals, as individuals may not pursue claims due to ignorance of the legal protections available.
Step 4
Consider the challenges to achieving justice
Answer
Barriers exist in the form of complex legal language, the requirement for legal representation, and potential biases in the system. Many employees, particularly those from marginalized backgrounds, may face additional hurdles that impact their ability to seek and achieve workplace justice.