This thesis applies arguments for greater diversity, and more specifically, racial diversity, on the judiciary to administrative tribunals with an adjudicative function. I draw from both formal arguments, such as institutional legitimacy, and substantive arguments, such as the different perspectives that diversity would provide, to propose an integrative conception of diversity. By relying upon concepts such as structural impartiality, I argue that an integrative conception of diversity more fully reveals the transformative potential of diversity in legal decision-making. This integrative conception is particularly well-suited to the administrative context because it demonstrates how diversity will enhance the values of participation and justification, which are instrumental to the principle of fairness. Through interviews with adjudicators and legal clinic lawyers, I offer a preliminary view of the potential impact that diverse administrative adjudicators could have in practice. Finally, this thesis offers recommendations on how this potential could be further realized.

This thesis applies arguments for greater diversity, and more specifically, racial diversity, on the judiciary to administrative tribunals with an adjudicative function. I draw from both formal arguments, such as institutional legitimacy, and substantive arguments, such as the different perspectives that diversity would provide, to propose an integrative conception of diversity. By relying upon concepts such as structural impartiality, I argue that an integrative conception of diversity more fully reveals the transformative potential of diversity in legal decision-making. This integrative conception is particularly well-suited to the administrative context because it demonstrates how diversity will enhance the values of participation and justification, which are instrumental to the principle of fairness. Through interviews with adjudicators and legal clinic lawyers, I offer a preliminary view of the potential impact that diverse administrative adjudicators could have in practice. Finally, this thesis offers recommendations on how this potential could be further realized.

The last decade has seen numerous proposals to reform existing tribunal systems in jurisdictions throughout the common law world. Across the board, there have been proposals to adopt generalist tribunal models in preference to smaller, specialist tribunal systems, and to achieve these changes through the process of amalgamation. The most significant recent developments to occur in Australia have taken place in Victoria and NSW during the past five years. Legislators in these States have chosen to amalgamate a number of smaller, specialist tribunals into larger, generalist bodies. In 1997 the NSW Parliament passed legislation amalgamating a number of specialist tribunals to create the Administrative Decisions Tribunal (ADT); comparable legislation was passed in Victoria in 1998 to create the Victorian Civil and Administrative Tribunal (VCAT). There were concurrent attempts to implement similar reforms at federal level. In 1998 the Commonwealth government announced its intention to amalgamate four Commonwealth merits review tribunals to form one �super Tribunal� � the Administrative Review Tribunal (ART). The Bills containing these proposals were ultimately defeated in the Senate, however the Australian Government remains convinced of the benefits of amalgamation at federal level. Similar reforms have been proposed in Western Australia, Tasmania and the United Kingdom. This thesis argues that these reforms are taking place in the absence of data about their likely implications, and without a thorough understanding of the objectives that generalist versus specialist tribunal systems can realistically achieve. This ill-considered or �over-hasty� trend towards amalgamation raises a number of questions which have not previously been addressed in academic or policy-making circles. An obvious question is whether or not an amalgamated tribunal model is more effective than a series of smaller, specialised tribunals in delivering administrative justice, in other words, whether there is any net gain to be had from a government�s decision to amalgamate. The less explored, but equally important, question addressed in this thesis is how the process of amalgamation should be approached in order to realise the maximum potential benefits that an amalgamated tribunal can bring. That is, to ask what are the ingredients of an optimal amalgamation. This is not a question about whether government decisions to pursue amalgamation are intrinsically worthwhile or beneficial for stakeholders. Rather, it is about how government decisions to amalgamate should best be implemented. This thesis proposes a way of differentiating between good and bad amalgamations, that is grounded in theory and informed by experience to date. The proposed approach is to assess the effectiveness of amalgamation processes using relevant measures drawn from an analysis of organisational theory literature: � Legislation � the legislation establishing an amalgamated tribunal needs to ensure the tribunal will have appropriate independence, powers, processes, membership and structure. � Political commitment � those responsible for proposing and planning an amalgamation need to provide appropriate funding and support for the process and for the establishment of an autonomous, self-directed tribunal. � Organisational structure � the structures put in place need to be appropriate, integrated and flexible, and should promote cohesion and interaction. � Process and procedure � the processes and procedures adopted in an amalgamated tribunal need to capitalise upon the opportunities provided by amalgamation, as well as being appropriate, efficient and able to balance the needs of a range of stakeholders. � Organisational culture � an organisational culture which counters natural tendencies towards disjunction will assist members and staff to identify with a newly amalgamated tribunal and to implement initiatives that will improve its performance. � Leadership � effective leadership plays an important role in ensuring a smooth transition from specialist to amalgamated tribunal, and engendering commitment from members and staff. Broadly speaking, these factors fall into the four categories of law, context, organisation and people. It is argued that attention must be paid to all four of these ingredients in order to achieve optimal tribunal reform. The thesis tests this proposition by examining the three most advanced tribunal amalgamations so far, namely, the Commonwealth ART, the NSW ADT and VCAT in Victoria. It is argued that the fate of the Commonwealth ART proposal proves the importance of a solid, generally endorsed legislative foundation in creating a viable amalgamated tribunal. The importance of context, organisation and people is borne out by qualitative research into the amalgamation experiences in NSW and Victoria. The fact that the NSW and Victorian governments decided to pursue policies of amalgamation at the same time provided a unique opportunity to compare the success or otherwise of two concurrent attempts at amalgamation in different jurisdictions. This thesis finds that the unfavourable political context in NSW prevented the ADT from realising its potential. In contrast, the VCAT experience highlights the benefits of paying careful attention to the wide range of factors that can contribute to a successful amalgamation. Of most relevance are the initial scale of an amalgamation, the political �will� behind its implementation, the appointment of a core of full-time members, and the creation of an open institutional culture which facilitates the sharing of information. In short, the thesis concludes that the successful construction and consolidation of a tribunal post-amalgamation requires that the necessary ingredients of optimal tribunal reform � legislation, context, organisation and people � are thoughtfully addressed.

The last decade has seen numerous proposals to reform existing tribunal systems in jurisdictions throughout the common law world. Across the board, there have been proposals to adopt generalist tribunal models in preference to smaller, specialist tribunal systems, and to achieve these changes through the process of amalgamation. The most significant recent developments to occur in Australia have taken place in Victoria and NSW during the past five years. Legislators in these States have chosen to amalgamate a number of smaller, specialist tribunals into larger, generalist bodies. In 1997 the NSW Parliament passed legislation amalgamating a number of specialist tribunals to create the Administrative Decisions Tribunal (ADT); comparable legislation was passed in Victoria in 1998 to create the Victorian Civil and Administrative Tribunal (VCAT). There were concurrent attempts to implement similar reforms at federal level. In 1998 the Commonwealth government announced its intention to amalgamate four Commonwealth merits review tribunals to form one �super Tribunal� � the Administrative Review Tribunal (ART). The Bills containing these proposals were ultimately defeated in the Senate, however the Australian Government remains convinced of the benefits of amalgamation at federal level. Similar reforms have been proposed in Western Australia, Tasmania and the United Kingdom. This thesis argues that these reforms are taking place in the absence of data about their likely implications, and without a thorough understanding of the objectives that generalist versus specialist tribunal systems can realistically achieve. This ill-considered or �over-hasty� trend towards amalgamation raises a number of questions which have not previously been addressed in academic or policy-making circles. An obvious question is whether or not an amalgamated tribunal model is more effective than a series of smaller, specialised tribunals in delivering administrative justice, in other words, whether there is any net gain to be had from a government�s decision to amalgamate. The less explored, but equally important, question addressed in this thesis is how the process of amalgamation should be approached in order to realise the maximum potential benefits that an amalgamated tribunal can bring. That is, to ask what are the ingredients of an optimal amalgamation. This is not a question about whether government decisions to pursue amalgamation are intrinsically worthwhile or beneficial for stakeholders. Rather, it is about how government decisions to amalgamate should best be implemented. This thesis proposes a way of differentiating between good and bad amalgamations, that is grounded in theory and informed by experience to date. The proposed approach is to assess the effectiveness of amalgamation processes using relevant measures drawn from an analysis of organisational theory literature: � Legislation � the legislation establishing an amalgamated tribunal needs to ensure the tribunal will have appropriate independence, powers, processes, membership and structure. � Political commitment � those responsible for proposing and planning an amalgamation need to provide appropriate funding and support for the process and for the establishment of an autonomous, self-directed tribunal. � Organisational structure � the structures put in place need to be appropriate, integrated and flexible, and should promote cohesion and interaction. � Process and procedure � the processes and procedures adopted in an amalgamated tribunal need to capitalise upon the opportunities provided by amalgamation, as well as being appropriate, efficient and able to balance the needs of a range of stakeholders. � Organisational culture � an organisational culture which counters natural tendencies towards disjunction will assist members and staff to identify with a newly amalgamated tribunal and to implement initiatives that will improve its performance. � Leadership � effective leadership plays an important role in ensuring a smooth transition from specialist to amalgamated tribunal, and engendering commitment from members and staff. Broadly speaking, these factors fall into the four categories of law, context, organisation and people. It is argued that attention must be paid to all four of these ingredients in order to achieve optimal tribunal reform. The thesis tests this proposition by examining the three most advanced tribunal amalgamations so far, namely, the Commonwealth ART, the NSW ADT and VCAT in Victoria. It is argued that the fate of the Commonwealth ART proposal proves the importance of a solid, generally endorsed legislative foundation in creating a viable amalgamated tribunal. The importance of context, organisation and people is borne out by qualitative research into the amalgamation experiences in NSW and Victoria. The fact that the NSW and Victorian governments decided to pursue policies of amalgamation at the same time provided a unique opportunity to compare the success or otherwise of two concurrent attempts at amalgamation in different jurisdictions. This thesis finds that the unfavourable political context in NSW prevented the ADT from realising its potential. In contrast, the VCAT experience highlights the benefits of paying careful attention to the wide range of factors that can contribute to a successful amalgamation. Of most relevance are the initial scale of an amalgamation, the political �will� behind its implementation, the appointment of a core of full-time members, and the creation of an open institutional culture which facilitates the sharing of information. In short, the thesis concludes that the successful construction and consolidation of a tribunal post-amalgamation requires that the necessary ingredients of optimal tribunal reform � legislation, context, organisation and people � are thoughtfully addressed.

The relationship amongst institutions has continued to play a pivotal role in shaping the nature of policies central to citizens and non-citizens alike. However, the phenomenon of influence and power that institutions constitutionally wield over one another in administrative agencies has been an increasing issue that is largely under-explored. More so, is the issue of installing legitimate regulatory mechanisms that ensure and preserve democratic values and practices that hold government agencies accountable. This study explores the relationship between judicial and executive institutions by examining the degree of influence the courts exercise in decisions in the Immigration and Refugee Board of Canada. Using a precedent tracing approach, this study analyzes the presence and authority of Supreme Court decisions in the determination of refugee protection cases. As administrative bodies exercise a broad range of discretion and are loosely guided by ‘soft-laws’, it is unlikely that the courts would have a high degree of influence in such agencies due to an absence of obligation to do so. The shortage of judicial influence arguably offers a nuanced explanation to the inconsistent outcomes amongst board members and the absence of and requirement for a legitimate remedial mechanism. / Thesis / Master of Arts (MA)

O presente trabalho propõe-se a discutir sobre os Tribunais Administrativos de Organizações Internacionais, sua dimensão jurídica no contexto da expansão do Direito Internacional contemporâneo, seus objetivos jurisdicionais, suas características específicas, seus procedimentos internos e seu conceito, a partir da análise dos fundamentos e elementos jurídicos que preenchem o conteúdo dos tribunais internacionais. Nesse sentido, o estudo remonta ao exame do vínculo existente entre as organizações internacionais, os órgãos de organizações internacionais, os funcionários internacionais que prestam serviços laborais às organizações internacionais e os Tribunais Administrativos. Por fim, será apresentado o novo sistema administrativo de solução de controvérsias da Organização das Nações Unidas, de modo a revelar o significado e as consequências que a sua reforma introduz para o futuro dos Tribunais Administrativos e para a evolução do Direito Internacional na proteção dos indivíduos. / The following essay intends to discuss the International Administrative Tribunals of International Organizations, their legal dimension in the context of contemporary International Law expansion, its jurisdictional goals, their detailed characteristics, their internal procedures and its concept, by analyzing the reasons and legal aspects that fulfill the content of the international tribunals. To this end, the study relies on the examination of the existing connection between international organizations, the organs of international organizations, the international officials who render labor services to international organizations and the Administrative Tribunals. Finally, an approach in the new administrative dispute resolution system of the United Nations will be done, aiming to reveal the meaning and the consequences that the reform introduces to the future of the Administrative Tribunals and to the evolution of the International Law on the protection of individuals.

O presente trabalho propõe-se a discutir sobre os Tribunais Administrativos de Organizações Internacionais, sua dimensão jurídica no contexto da expansão do Direito Internacional contemporâneo, seus objetivos jurisdicionais, suas características específicas, seus procedimentos internos e seu conceito, a partir da análise dos fundamentos e elementos jurídicos que preenchem o conteúdo dos tribunais internacionais. Nesse sentido, o estudo remonta ao exame do vínculo existente entre as organizações internacionais, os órgãos de organizações internacionais, os funcionários internacionais que prestam serviços laborais às organizações internacionais e os Tribunais Administrativos. Por fim, será apresentado o novo sistema administrativo de solução de controvérsias da Organização das Nações Unidas, de modo a revelar o significado e as consequências que a sua reforma introduz para o futuro dos Tribunais Administrativos e para a evolução do Direito Internacional na proteção dos indivíduos. / The following essay intends to discuss the International Administrative Tribunals of International Organizations, their legal dimension in the context of contemporary International Law expansion, its jurisdictional goals, their detailed characteristics, their internal procedures and its concept, by analyzing the reasons and legal aspects that fulfill the content of the international tribunals. To this end, the study relies on the examination of the existing connection between international organizations, the organs of international organizations, the international officials who render labor services to international organizations and the Administrative Tribunals. Finally, an approach in the new administrative dispute resolution system of the United Nations will be done, aiming to reveal the meaning and the consequences that the reform introduces to the future of the Administrative Tribunals and to the evolution of the International Law on the protection of individuals.

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Les organisations internationales furent marquées dès le XIXe siècle par une évolution importante des modes de règlement des conflits concernant leur personnel, évolution ayant connu des périodes de progrès mais également de régression en matière d’indépendance de la justice liée à la question sensible des pouvoirs de leurs organes directeurs. La thèse examine cette évolution à l’aide de la théorie de l’institutionnalisme historique et à travers une typologie des critères d’indépendance. Ainsi, tandis qu’il existait essentiellement quatre types de justice interne pour le personnel et d’autres personnes affectées par leurs activités au XIXe siècle, l’avènement de la Société des Nations en 1919 voit la création du système de justice administrative interne destiné au seul personnel qui dominera le XXe siècle: la procédure de réclamation auprès de comités paritaires consultatifs sans pouvoir contraignant, suivi de la possibilité d’un recours auprès d’une juridiction administrative indépendante. La perte de contrôle des organes directeurs sur cette justice amena cependant les États à se doter durant la seconde moitié du XXe siècle d’un mécanisme leur permettant de demander la réformation des jugements auprès de la Cour internationale de Justice qui en profita au contraire pour finalement consacrer l’indépendance des juridictions administratives internationales et celle des organisations internationales. Le système mixte dans lequel les premiers niveaux de recours de nature administrative dépendaient encore des chefs des administrations disparut au sein des Nations Unies en 2009 avec l’avènement d’un double degré de juridiction indépendant. Par contre, fragmentée et cloisonnée, l’ensemble de la justice interne des Nations Unies reste grevé par des réformes concomitantes quant à la responsabilité des Nations Unies vis-à-vis de tiers, qui, encore en 2017, n’ont pas prévu de contrôle juridictionnel efficace. / Staff conflict resolution mechanisms within international organisations have witnessed a tremendous evolution since the 19th century, evolution which saw progress but also periods of regression in terms of independence of justice mainly due to the sensitive issue of the authority of their governing bodies. The thesis studies this evolution by applying the theory of historical institutionalism and through various criteria used to measure the independence of these mechanisms. While mainly four different systems of justice existed for staff members and others in the 19th century, the establishment of the League of Nations in 1919 was accompanied by the creation of a new type of recourse mechanism solely meant for staff members and which would eventually dominate the 20th century: joint advisory boards with staff participation without binding authority and independent administrative tribunals. The loss of control experienced by the governing bodies over these tribunals also led Members States to establish a new mechanism allowing them to challenge their decisions with the International Court of Justice. But far from assisting them to ascertain their authority, the ICJ would not only confirm the independence of those administrative tribunals but also of the United Nations itself. The joint advisory boards, the last element of the conflict resolution mechanisms which was not yet independent, were finally abolished within the United Nations in 2009 through a justice reform that created a new appeals tribunal. However, fragmented and compartmentalized, the overall justice system within the United Nations still fails in 2017 to address the broader issue of its liability towards all kind of persons and companies, which might have suffered harm from its activities.