AN INTRODUCTION TO TRIBUNAL PROCEEDINGS
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Conclusion
The administration of justice, even at the trial level, has always been a difficult task; this is especially true of administrative justice.
The mission of an administrative trier of fact is demanding. It is not sufficient merely to listen passively to the parties make their arguments and to decide for one side or the other on the basis of a momentary whim and to satisfy one's conscience in this way. A judge or arbitrator must first be fully familiar with the Act, the Regulations and even the case law relating to his or her specialized jurisdiction. He or she must know the principles and rules of procedure and evidence to be applied during the hearing. After listening attentively and impartially to the arguments and evidence of the parties, the judge or arbitrator must consider everything and render a decision for which factual and legal reasons are given. In doing so, he or she must be aware that the decision could be appealed by the unsuccessful party if that party has a feeling or an impression that justice has not been done. At the end of the day, the claimant, the employer or the Commission must have obtained justice in accordance with the Act and general legal principles.
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