By dismissal Sample Clauses

By dismissal. (a) Members may be dismissed only for just and reasonable cause such as, but not limited to, gross professional misconduct, persistent neglect of professional duty or gross incompetence. (b) Criticism of the University or a controversial stand on public issues does not constitute just and reasonable cause. (c) Personality conflict or incompatibility does not constitute just and reasonable cause.
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By dismissal. Members may be dismissed only for just and reasonable cause such as, but not limited to, gross professional misconduct, persistent neglect of professional duty or gross incompetence.
Sample 1Sample 2Sample 3See All (4)
By dismissal. (a) Members may be dismissed only for just and reasonable cause such as, but not limited to, gross professional misconduct, persistent neglect of professional duty or gross incompetence. (b) Criticism of the University or a controversial stand on public issues does not constitute just and reasonable cause. (c) Personality conflict or incompatibility does not constitute just and reasonable cause. (d) When the President feels there may be grounds for dismissal on the basis of persistent neglect of duties, he/she shall give the member due warning, pointing out the gravity of the situation and warning of the possibility of dismissal if the problem is not corrected. Such warning shall be in writing, shall specify the particulars which could lead to notice of dismissal, and shall be effective for a fixed and reasonable time period. (e) The dismissal notice to the member shall contain a statement of the grounds for dismissal and shall specify the effective date of dismissal, which shall not be less than fifteen (15) working days from the date the notice is sent. From the date the notice is sent, the member may be suspended from all duties with or without pay. (f) If a formal grievance is not presented within the fifteen (15) working day notice period, the member’s employment terminates effective the date of dismissal. If a dismissal involving suspension from duties without pay results in a grievance that reaches arbitration, and if the arbitration board finds that insufficient or no cause for dismissal exists, the board shall award, at a minimum, all back pay and benefits, with interest.
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Related to By dismissal

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Early Dismissal DTU representatives and/or elective officers shall be permitted to leave the work location at 4:15 p.m., if assigned to administrative buildings, and at the time students are dismissed, if assigned to a school center, in order to attend DTU meetings. Those leaving to attend such meetings must advise the administrator in charge reasonably in advance of such meetings.

  • Dismissals 4.1 Details of all dismissals/resignations within the last 12 months including reasons for the dismissal/resignation. 4.2 Details of all employees recruited within the last 12 months.

  • Instant Dismissal Nothing in clauses 10.2, 10.3, 10.4 or 10.5 prevents instant dismissal without notice in the case of serious misconduct.

  • Summary Dismissal The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.

  • Dismissal for Cause 36.1 The employment of an APT member may be terminated by reason of professional misconduct, willful neglect of duties, gross misconduct, or incompetence demonstrated by annual performance reviews. 36.2 If an APT member is to be dismissed for cause, notice in writing will be given by the appropriate Director or equivalent that dismissal is being recommended to the President. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the letter of notice will be sent to the Chair of the Faculty Association. 36.3 Seven working days from the date such notice is received by the member, the President shall inform the APT member in writing that either the dismissal action is discontinued, or that the APT member’s service is to be terminated seven working days hence. A copy of the President’s letter will be sent to the Chair of the Faculty Association. 36.4 The APT member and the Faculty Association may enter a grievance after receipt of the President’s letter, but before the date of termination. However, upon written request to the President, the Faculty Association may be given a seven day extension of the date for submission of a grievance if the circumstances warrant it. The grievance will be submitted at Stage Two of the grievance process. Failure to grieve within these time limits will constitute waiver of rights. 36.5 All correspondence to the APT member required by this clause will be delivered directly to the APT member when convenient, and in other cases will be forwarded by registered mail, air mail if necessary, to the last known address of the APT member. Copies of all correspondence to the APT member required by this clause will be forwarded to the Chair of the Faculty Association. 36.6 The APT member may be suspended with or without pay by the President, upon the recommendation of the appropriate Director or equivalent, from the date the letter is issued recommending dismissal. The suspension will be rescinded if the President discontinues the dismissal action. If a grievance is entered, the suspension continues until the grievance is resolved.

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Arbitration of Claims The parties shall submit all Claims (as defined in Exhibit E) arising under this Agreement or any other Transaction Document or any other agreement between the parties and their affiliates or any Claim relating to the relationship of the parties to binding arbitration pursuant to the arbitration provisions set forth in Exhibit E attached hereto (the “Arbitration Provisions”). For the avoidance of doubt, the parties agree that the injunction described in Section 9.3 below may be pursued in an arbitration that is separate and apart from any other arbitration regarding all other Claims arising under the Transaction Documents. The parties hereby acknowledge and agree that the Arbitration Provisions are unconditionally binding on the parties hereto and are severable from all other provisions of this Agreement. By executing this Agreement, Company represents, warrants and covenants that Company has reviewed the Arbitration Provisions carefully, consulted with legal counsel about such provisions (or waived its right to do so), understands that the Arbitration Provisions are intended to allow for the expeditious and efficient resolution of any dispute hereunder, agrees to the terms and limitations set forth in the Arbitration Provisions, and that Company will not take a position contrary to the foregoing representations. Company acknowledges and agrees that Investor may rely upon the foregoing representations and covenants of Company regarding the Arbitration Provisions.

  • Right to Petition Court In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.

  • Submission of a Claim to Arbitration (1) In the event that a disputing party considers that a dispute cannot be settled by alternative means, and all other pre- conditions for such a dispute as required by the Agreement have been fulfilled: A Member State may submit to arbitration under this Agreement a claim that the respondent has breached an obligation under this Agreement, and that the claimant or its investor has incurred loss or damage by reason of, or arising out of, that breach; (2) For greater certainty, a claimant may submit to arbitration a claim referred to in Paragraph (1) that the respondent has breached an obligation through the actions of a designated government monopoly, local or state government or a state enterprise exercising delegated government authority. (3) At least 180 days before submitting any claim to arbitration, a potential claimant shall deliver to the potential respondent a written notice of its intention to submit the claim to arbitration ("notice of intention). The notice shall specify: (a) the name and address of the claimant and its legal representative; (b) for each claim, the provision(s) of this Agreement alleged to have been breached and any other relevant provisions; (c) the legal and factual basis for each claim; and (d) the relief sought and, where appropriate, the approximate amount of damages claimed. The CCIA Committee may establish a specific form for this purpose and make it available through the Internet and other means. (4) Provided that at least six months have elapsed since the events giving rise to the claim, and all other pre-conditions for such a dispute as required by the Agreement have been fulfilled, a claimant may formally submit a Notice of Arbitration to the respondent State and to the COMESA Secretariat. (5) A claim shall be deemed submitted to arbitration when the claimants Notice of Arbitration is submitted to the respondents and to the COMESA Secretariat. The CCIA Committee may establish a specific form for this purpose and make it available through the internet and other means. The Notice of Arbitration shall include, at a minimum, the information required in Paragraph (3).