Fair trial

It was established law that the test to be applied in determining bias was whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased. If an objection of bias was made, it was the duty of the tribunal to consider the objection and exercise his judgment upon it. As a matter of discretion, save for compelling reasons, an employment judge in a case which had started before a full panel should, if he was asked to order a hearing before a different panel, ensure that the decision was taken by the whole panel. The question of bias did not simply depend on whether or not the party said that he lacked confidence, but on whether substantively, there were good grounds for such confidence to be lacking.