Chas, P. Hayley and Co., Ltd. v. Commercial and Industrial Workers and Others – sllr 1995 volume 2 page 042

In the case between CHAS P. HAYLEY AND CO., LTD. (Plaintiff) and COMMERCIAL AND INDUSTRIAL WORKERS and others (Defendants), the court addressed the issue of whether the Minister of Labour’s actions under Section 4(1) of the Industrial Disputes Act in referring an industrial dispute for arbitration constituted an administrative or judicial function, and whether the existence of a binding Collective Agreement precluded such referral in the absence of repudiation. It was held that the Minister’s referral was strictly administrative in nature and not judicial, and the presence of a Collective Agreement did not, without notice of repudiation, bar the existence or referral of an industrial dispute. The court also determined that errors of law, such as misconstruction of evidence by the arbitrato