Appeals to the Full Bench of the AIRC Sample Clauses

Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted. 1.6.3 An appeal under clause 1.6.1 may be instituted by either Party. 1.6.4 For the purposes of an appeal under clause 1.6.1, a Full Bench of the AIRC may: a) admit further evidence; and b) direct a member of the Full Bench to provide a report in relation to a specified matter. 1.6.5 The appeal process set out in this clause 1.6 is intended to be comprehensive of all rights of appeal. 1.6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 1.6.7 The Parties will: a) if the AIRC makes an arbitrated decision and an appeal is not lodged under clause 1.6.1 abide by and give full effect to the arbitration decision; and b) if an appeal is lodged under clause 1.6.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.
Sample 1Sample 2See All (9)
AutoNDA by SimpleDocs
Appeals to the Full Bench of the AIRC. 3.1.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under subclause 2.3.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A full Bench of the AIRC will have all powers as outlined in subclause 2.3.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 3.1.2 The Full Bench of the AIRC may grant leave to appeal under subclause 3.1.1 if, in its opinion, the matter is of such importance that leave should be granted. 3.1.3 An appeal under subclause 3.1.1 may be instituted by either Party. 3.1.4 For the purposes of an appeal under subclause 3.1.1, a Full Bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter. 3.1.5 The appeal process set out in this clause 3.1 is intended to be comprehensive of all rights of appeal. 3.1.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation. 3.1.7 The Parties will: (a) if the AIRC makes an arbitrated decision and an appeal is not lodged under subclause 3.1.1, abide by and give full effect to the arbitrated decision; and (b) if an appeal is lodged under subclause 3.1.1, abide by and give full effect to the decision of the Full Bench of the AIRC in determining the appeal.
Sample 1Sample 2Sample 3
Appeals to the Full Bench of the AIRC. 6.1. Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under subclause 5 either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in subclause 5 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 6.2. The Full Bench of the AIRC may grant leave to appeal under subclause 6.1 if, in its opinion, the matter is of such importance that leave should be granted. 6.3. An appeal under subclause 6.1 may be instituted by either Party. 6.4. For the purposes of an appeal under subclause 6.1, a full bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter
Sample 1
Appeals to the Full Bench of the AIRC. 45.8.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under sub-clause 45.6 either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in sub-clause
Sample 1
Appeals to the Full Bench of the AIRC. 6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under subclause 5 either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in subclause 5 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 6.2 The Full Bench of the AIRC may grant leave to appeal under subclause 6.1 if, in its opinion, the matter is of such importance that leave should be granted. 6.3 An appeal under subclause 6.1 may be instituted by either Party. 6.4 For the purposes of an appeal under subclause 6.1, a full bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter 6.5 The appeal process set out in this clause 6.1 is intended to be comprehensive of all rights of appeal. 6.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation.
Sample 1
Appeals to the Full Bench of the AIRC. 20.9.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under sub-clause 20.8.2, either party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in sub-clause 20.8.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 20.9.2 The Full Bench of the AIRC may grant leave to appeal under sub-clause 20.9.1 if, in its opinion, the matter is of such importance that leave should be granted. 20.9.3 An appeal under sub-clause 20.9.1 may be instituted by either party. 20.9.4 For the purposes of an appeal under sub-clause 20.9.1, a full bench of the AIRC may: (a) Admit further evidence; and (b) Direct a member of the Full Bench to provide a report in relation to a specified matter. 20.9.5 The appeal process set out in this Clause 20.9 is intended to be comprehensive of all rights of appeal. 20.9.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to rights of appeal. For the avoidance of doubt, the Parties wish to exclude rights of appeal to any court and rights to refer a question of law to a court pursuant to such legislation.
Sample 1
Appeals to the Full Bench of the AIRC. 1.6.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under clause 1.5.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in clause 1.5.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 1.6.2 The Full Bench of the AIRC may grant leave to appeal under clause 1.6.1 if, in its opinion, the matter is of such importance that leave should be granted.
Sample 1
AutoNDA by SimpleDocs
Appeals to the Full Bench of the AIRC. 24.9.1 Where the dispute (or any matter that remained in dispute) has been arbitrated and a decision given under subclause 24.8.2, either Party may appeal the decision to a Full Bench of the AIRC, with the leave of the Full Bench, within 21 days of the date of the arbitrated decision. A Full Bench of the AIRC will have all of the powers as outlined in subclause 24.8.1 and shall have the power to confirm, quash, dismiss or vary the decision of the AIRC. 24.9.2 The Full Bench of the AIRC may grant leave to appeal under subclause 24.9.3 An appeal under subclause 24.9.1 may be instituted by either Party. 24.9.4 For the purposes of an appeal under subclause 24.9.1, a full bench of the AIRC may: (a) admit further evidence; and (b) direct a member of the Full Bench to provide a report in relation to a specified matter. 24.9.5 The appeal process set out in this clause 24.9 is intended to be comprehensive of all rights of appeal. 24.9.6 The Parties agree to exclude the operation of any legislation (other than the Workplace Relations Act) applicable to arbitration agreements in relation to AIRC generally
Sample 1

Related to Appeals to the Full Bench of the AIRC

  • YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

  • Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

  • Advice of the Fund and Service Providers If ALPS is in doubt as to any action it should or should not take, ALPS may request directions, advice, or instructions from the Fund or, as applicable, the Fund’s investment adviser, custodian, or other service providers.

  • Completion of Concrete Pours and Emergency Work (a) Except as provided in this sub-clause an Employee shall nor work or be required to work in the rain. (b) Employees shall not be required to start a concrete pour in Inclement Weather. (c) Where a concrete pour has been commenced prior to the commencement of a period of Inclement Weather Employees may be required to complete such concrete pour to a practical stage and for such work shall be paid at the rate of double time calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear. (d) If an Employee’s clothes become wet as a result of working in the rain during a concrete pour the Employee shall, unless the Employee has a change of dry working clothes available, be allowed to go home without loss of pay. (e) The provisions of clauses 32.7(c) and 32.7(d) hereof shall also apply in the case of emergency work where the Employees concerned and their delegates agree that the work is of an emergency nature and can start and/or proceed.

  • What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Limitation of Engagement to the Company The Company acknowledges that Xxxxxxxxxx has been retained only by the Company, that Xxxxxxxxxx is providing services hereunder as an independent contractor (and not in any fiduciary or agency capacity) and that the Company’s engagement of Xxxxxxxxxx is not deemed to be on behalf of, and is not intended to confer rights upon, any shareholder, owner or partner of the Company or any other person not a party hereto as against Xxxxxxxxxx or any of its affiliates, or any of its or their respective officers, directors, controlling persons (within the meaning of Section 15 of the Securities Act or Section 20 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)), employees or agents. Unless otherwise expressly agreed in writing by Xxxxxxxxxx, no one other than the Company is authorized to rely upon this Agreement or any other statements or conduct of Xxxxxxxxxx, and no one other than the Company is intended to be a beneficiary of this Agreement. The Company acknowledges that any recommendation or advice, written or oral, given by Xxxxxxxxxx to the Company in connection with Xxxxxxxxxx’x engagement is intended solely for the benefit and use of the Company’s management and directors in considering a possible Offering, and any such recommendation or advice is not on behalf of, and shall not confer any rights or remedies upon, any other person or be used or relied upon for any other purpose. Xxxxxxxxxx shall not have the authority to make any commitment binding on the Company. The Company, in its sole discretion, shall have the right to reject any investor introduced to it by Xxxxxxxxxx.

  • PROFESSIONAL GRIEVANCE PROCEDURE A. Any claim by the Association or a teacher that there has been a violation, misinterpretation, or misapplication of the terms of the Agreement or violation of any established policy shall be a grievance and shall be resolved through the procedure set forth herein. B. In the event that a teacher, or the Association believes there is a basis for a grievance, the teacher or representative of the Association within thirty (30) working days of the time the teacher knew of the circumstances giving rise to the grievance, shall first discuss the alleged grievance with the building principal either personally or accompanied by the Association Representative. The grievance process may begin at the Superintendent’s level when the building principal is not involved with an alleged incident. C. If, as a result of the informal discussion with the building principal, a grievance still exists, the teacher or representative of the Association may, within ten (10) working days, invoke the formal grievance procedure through the Association on the grievance report form, signed by the grievant and a representative of the Association. Said form shall be available from the Association Representative in each building. A copy of the grievance form shall be delivered to the building principal, it may be filed with the Superintendent or a representative designated by him. D. Within five (5) working days of receipt of the grievance the principal shall meet with the Association in an effort to resolve the grievance. The principal shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting and shall furnish a copy thereof to the Association. If the Association desires to proceed to the next step, it shall do so within fifteen (15) calendar days of the principal’s disposition. E. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) working days of such meeting (or ten [10] working days from the date of filing, whichever shall be later) the grievance shall be transmitted to the Superintendent. Within seven (7) working days the Superintendent or his/her designee, shall meet with the Association concerning the grievance and shall indicate his/her disposition of the grievance in writing within five (5) working days of such meeting, and shall furnish a copy thereof to the Association. F. If the Association is not satisfied with the disposition of the superintendent, or if no disposition has been received within five (5) working days of such meeting the Association may proceed to a Board Level Hearing. This grievance hearing shall be heard in closed session, so long as it does not violate the open meetings act. If the grievance is not settled at the preceding step, it may be submitted to binding arbitration. Within fifteen (15) working days of the receipt of the Superintendent’s answer, the party choosing to arbitrate must give written notice to the other party, setting forth specifically the nature of the dispute to be arbitrated. The charging party shall file a Demand for Arbitration with the American Arbitration Association within fifteen (15) days from the notification date that arbitration will be pursued. The arbitrator shall be selected by the American Arbitration Association in accordance with its rules, which shall likewise govern the arbitration proceedings. G. The arbitrator shall have no power to rule on any of the following: 1. The termination of services of or failure to re-employ any probationary teacher. 2. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher’s Tenure Act (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended). 3. Any matter involving the content of a teacher evaluation. H. The Board and the Association shall not be permitted to assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the decision of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. I. The fees and expense of the arbitrator shall be shared equally by both parties. J. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible.

  • Qualified Medical Child Support Order A child who would otherwise meet the eligibility requirements and is required to be covered by a Qualified Medical Child Support Order (QMCSO) is considered an eligible dependent.

  • Additionally each Guarantor, jointly and severally, unconditionally and irrevocably, guarantees the payment of any and all Guaranteed Obligations of the Borrower to the Creditors whether or not due or payable by the Borrower upon the occurrence in respect of the Borrower of any of the events specified in Section 9.05 of the Credit Agreement, and unconditionally and irrevocably, jointly and severally, promises to pay such Guaranteed Obligations to the Creditors, or order, on demand, in lawful money of the United States.

  • CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “ (1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “ (1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!