Justice Boland Disqualified himself from Wages Cases

Wednesday 20 July 2011 @ 11.35 a.m. | Industrial Law

The Industrial Relations Commission President, Justice Boland has stepped aside from a case challenging the validity of the state government’s controversial wage laws. He was asked by the government to disqualify himself due to his former criticisms of the law reforms, which capped public sector wage rises to 2.5 per cent unless productivity savings are made.

Justice Boland was asked to disqualify himself as his previous comments ‘may give rise to a reasonable apprehension of bias in the perception of a fair-minded lay observer.’ Justice Boland has described his objections to the laws as resulting from ‘…the government laying blame for the failure of its wage policy on the commission and using that as an excuse to shackle the commission’s independence…’

Justice Boland said he would appoint a full bench to hear the matter but would not sit on the bench.

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