Page:Employment Claims Act 2016.pdf/33

34 Powers of High Court on appeal

25.—(1) On an appeal against an order made by a tribunal, the High Court may—
 * (a) dismiss the appeal;
 * (b) allow the appeal and set aside or vary the order; or
 * (c) remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal, with such directions as the High Court thinks fit to give.

(2) The High Court may also make on the appeal such other orders (including an order as to costs and expenses) as the High Court thinks fit, but must not—
 * (a) reverse or vary any determination made by a tribunal on a question of fact; or
 * (b) receive further evidence.

(3) When deciding an appeal against an order made by a tribunal on a claim for employment assistance payment, or on the calculation of the amount of an employment assistance payment, the High Court may take into account the tripartite guidelines.

Finality of decision of High Court

26. Any judgment, order or direction of the High Court on any of the following matters is final:
 * (a) an appeal against an order made by a tribunal;
 * (b) an application for a stay of execution of an order made by a tribunal.

Burden of proof

27. In any proceedings under this Act before a tribunal or the High Court, a person who makes any of the following allegations bears the burden of proving that allegation:
 * (a) an allegation that the person is not the employer or employee of the claimant;