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To drive a little more nail, let us come to the figures mentioned about the appeal and the content of the decision of the court of the second degree.
Three out of four labor tribunal judgments are subject to a remedy, that is to say, conversely, in only one out of four cases, the decision of first instance becomes final. Let's bring this "one in four" of the "one in five" of the business that goes out of tiebreaker and let's take the leap. We would be tempted to infer that in fact only a very small part of the labor tribunal decisions made by the labor councilors alone do not involve any recourse, the vast majority being appealed or, more rarely of an appeal.
I voluntarily set aside (for the moment) cases of referral concerning the termination of the employment contract since this assumption excludes referral.
It is therefore logical that in the face of a clear breach by the employer, the court has no choice but to grant the employee's demands, which explains the high percentages found (71% and 81% ). Regarding the interim, the percentage of rejected applications is often the employees (poorly counseled or defending themselves) who seize the referral of a dispute while the latter is obviously incompetent to review (especially where there is a serious challenge).
I echo a ministerial response from our Minister of Justice to a question asked by the deputy Christian Vanneste concerning the functioning of the Labor Courts, question asked on May 7th and answered, there is a few days, August 26th.