Section 4: Tie-breaking

In the event of a tie vote before the judgement committee or the conciliation and referral committee, the case is referred to a subsequent hearing of the judgement committee. This hearing, presided over by the deciding judge, is held within one month of the referral. In the event of a tie in the summary proceedings panel, the case is referred to a hearing presided over by the judge hearing the…

When a Conseiller Prud’homme is unable to sit at the conciliation hearing, he himself provides for his replacement by a Conseiller Prud’homme from the same assembly and belonging, as the case may be, to his section, his chamber or the formation de référé. If he does not replace himself, the president or vice-president of his section or chamber and of his assembly will do so under the same conditions. The…

Regardless of the number of councillors present, and even in the absence of any councillors, if the panel is not fully constituted at the tie-breaking hearing, the tie-breaking judge will rule alone at the end of the debates. He shall first obtain the opinion of the councillors present. At the end of the hearing and if the decision is not handed down immediately, the deciding judge informs the parties of…

When a general renewal of the industrial tribunals makes it impossible to refer a case that was the subject of a tie vote prior to this renewal, the case is taken up again, as the case may be, before the adjudication committee or the summary proceedings panel. These committees and panels take up the case in their new composition under the chairmanship of the deciding judge. If the votes are…