Unfair justice system regards race and results

As far back in ancient Greek literature as Homer, the concept of dikaion, used to describe a just person, was important. From this emerged the general concept of dikaiosune, or justice, as a virtue that might be applied to a political society. The issue of what does and does not qualify as just could logically lead to controversy regarding the origin of justice, as well as that concerning its essence.

Unfair justice system regards race and results

Is the tribunal system corrupt? But many people who go through the system are left deeply unhappy and with the sense that it has failed them. Some conclude that it is corrupt.

If they do, there will be grounds for appeal.

Unfair justice system regards race and results

There are no smoke-filled back-rooms where favours are exchanged or arms twisted. Employment Judges are doing what they claim to be doing: More than that, the vast majority are highly-competent, dedicated professionals who work hard at a difficult and stressful job.

It often fails and often causes genuine injustice. The tribunal has to apply the the law and procedure it is given. The law is imperfect — sometimes simply unfair — so applying it does lead to injustice.

They are flawed people like the rest of us. When this happens, it can lead to unfair results. And — like everyone else on the planet — judges have their own assumptions and inherent preferences.

Some do have an instinctive preference for the authority figure in the case. Others have an anti-authoritarian streak. Most cases will end with the same result, regardless of the judge. Beyond the inevitable individual kinks of the judiciary, any legal system simply has its limits.

There is no perfect system that will always get the right result. In every case, tribunals hear evidence, consider submissions and try to reach the right decision.

When they start hearing a case, tribunals know nothing about the parties and have no knowledge of the relevant events. And tribunals have no magic powers to detect honesty. Cross-examination can illuminate the truth, but it can also obscure it.

All lawyers have had cases where a witness they believed to be basically honest fell apart and was made to look thoroughly shifty under cross-examination, because they got confused or brow-beaten.

This problem is made worse by unfairnesses and imbalances within society.

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In an ideal world, everyone who came before the tribunal would be competently represented and have much the same resources, not only in terms of money, but also intelligence, education, language and confidence.

Tribunals are not unaware of these issues; they do their best to see past them. But all the same, all too often the parties are not on an equal footing. In the context of employment this normally means the employee is disadvantaged. Any justice system is imperfect and the employment tribunal is no exception.🔥Citing and more!

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Unfair justice system regards race and results

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