Clause 149

the person claiming shall lodge a memorandum at the office of the Commissioner, specifying shortly the subject matter of the claim and the remedy sought to be obtained, or he may make his claim in person to the Commissioner who shall forthwith reduce it or cause it to be reduced in writing. Upon receipt of such memorandum or verbal claim and of the registration fee payable by the person in accordance with the rates specified in Schedule C to this Act, the Commissioner shall summon in writing the party against whom such claim is made, giving twelve days’ notice to him of the nature of the claim and the time and place at which the same will be enquired, and he shall also notify or summon all persons whose interests may appear to him likely to be affected by the proceedings. The Commissioner may also summon such witnesses as either party may wish to call. If the party against whom a claim is made wishes to make a counter-claim against the party claiming he shall notify the Commissioner and the other party in writing of the nature and amount of such counter-claim not less than three days before the date of the inquiry;

at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the party claiming and the party against whom the claim is made shall be present after having been notified in writing of such inquiry. At such preliminary hearing the parties may amend or withdraw the whole claim or portion thereof, make a counter-claim or reach a settlement in respect of the claim;

if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner shall make an order recording the terms of the settlement and such order shall have effect as if it were an order made under the provisions of paragraph (d) of this section;

at the time and place appointed the parties shall attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation such statements and evidence and any other evidence which he may deem necessary, shall give his decision and make such order in the prescribed form as may be necessary for giving effect to such decision;

if any person interested shall have been duly summoned by the Commissioner to attend at such enquiry and shall have made default in so doing, the Commissioner may hear the claim and make his decision in the absence of such person notwithstanding that the interest of such person may be prejudicially affected by his decision;

the Commissioner shall keep a Case Book, in which he shall enter notes of the evidence taken and the decisions arrived at in each case heard before him and shall authenticate the same by attaching his signature thereto, and the record in such Case Book shall be sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, decision or order, shall be entitled to a copy of such record upon payment of the prescribed fee.