Where a tribunal's reasons are deficient but the appellant cannot demonstrate that the tribunal actually omitted material considerations from its deliberations, the case must be treated as one of inadequate reasons rather than failure to consider relevant matters. Inadequacy of reasons alone may not constitute a sufficient error of law to warrant setting aside a decision, particularly where a rehearing is unlikely to produce a different result. The failure of a respondent employer to call the actual decision-maker as a witness in discrimination proceedings may give rise to adverse inferences that the tribunal is obliged to address.
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