The role of the courts in industrial relations

Abstract

In this article Sir Ivor discusses the role of the High Court and Court of Appeal in industrial relations. He examines the special features of industrial relations that affect the role of the courts in conflict resolution in this area and the policy behind the legislation governing industrial conciliation and arbitration. Then, Sir Ivor addresses the reasons why courts of general jurisdiction are not well-suited to carry out conflict resolution in this area, using two recent Court of Appeal decisions to illustrate the problem. The article finishes with some general points that can be taken from the 18 industrial relations cases heard by the Court of Appeal between 1980 and 1987.