DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES Sample Clauses

DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. (1) The objective of this Clause is to provide a set of procedures for dealing with any questions disputes or difficulties arising under this Agreement and for dealing with any questions, dispute or difficulty between the parties during negotiations for amendments to this Agreement. (2) Subject to the Public Sector Management Act 1994, in the event of any question, dispute or difficulty between the parties as to the application of Government policy and the Wage Principles and/or their effect upon this Agreement, the Health Department and/or the Department of Productivity and Labour Relations (DOPLAR) are to provide advice to Tambellup District Hospital in an attempt to resolve the matter. (3) Subject to the Public Sector Management Act 1994, in the event of any question, dispute or difficulty arising under this Agreement, the following procedures shall apply, provided that nothing in these procedures shall prevent the Secretary of the HSOA (or his/her nominee) from intervening to assist in the process: (a) The matter is to be discussed between the HSOA employee representative and the employer representative and an attempt made to resolve the matter; (b) If the matter is unable to be resolved through discussions between the HSOA employee representative and the Tambellup District Hospital representative, the matter is to be discussed between the employee representative and the Chief Executive Officer of Tambellup District Hospital or his/her nominee, as soon as practicable but within five working days. Notification of any question, dispute or difficulty may be made verbally and/or in writing; (c) The parties may individually or collectively seek advice from any appropriate organisation or person in an attempt to resolve the matter; (d) If the matter is not resolved within five working days of the date of notification in (b) hereof, either party may notify the Secretary of the HSOA (or his/her nominee), or the Chief Executive Officer of Tambellup District Hospital (or his/her nominee) of the existence of a dispute or disagreement; (e) The Secretary of the HSOA (or his/her nominee) and the Chief Executive Officer of Tambellup District Hospital (or his/her nominee) shall confer on the matters notified by the parties within five working days and: (i) where there is agreement on the matters in dispute the parties shall be advised within two working days; (ii) where there is disagreement on any matter it may be submitted to the Western Australian Industrial Relati...
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DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. 15.1 The objectives of these procedures are the avoidance and resolution of any disputes over matters covered by any part of this Agreement by measures based on the provision of information and explanation, consultation, cooperation and negotiation. 15.2 The procedures in this clause may be followed in the event that a dispute arises which relates to: 15.3 At any stage of this dispute procedure an employee may choose to be represented by a nominated representative. 15.4 The following procedures shall apply: 15.4.1 In the first instance the matter will be discussed with the relevant supervisor or manager in order to attempt to resolve the dispute. This process should not normally extend beyond 10 working days. During this period the matter may be referred to the PSSCC. 15.4.2 If the dispute is not resolved through the steps above the matter shall be referred to the Director, HR (or delegate) who shall attempt to resolve the matter and this should not normally take longer than 15 working days. Any resolution shall be in the form of a written agreement, subject, if necessary to ratification by either party to the dispute. 15.4.3 If the dispute is not resolved through the steps above, or if either party to the dispute refuses to engage in these steps, the matter may be referred by either party to the dispute to the Fair Work Commission (FWC) The Fair Work Commission may settle the dispute by mediation, conciliation, expressing an opinion or making a recommendation. All efforts will be undertaken to resolve the dispute at this stage, with the parties having regard to any recommendation or opinion presented by Fair Work Commission. If the conciliation process does not result in the resolution of the dispute, Fair Work Commission may then arbitrate the dispute and make a determination that will be binding. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 15.4.4 Without prejudice to the position of either party to the dispute, while the matters in dispute are being dealt with in accordance with this clause, work shall continue in a normal manner (other than with respect to bona fide health and safety issues) and no industrial action is to be taken by any party to the dispute. 15.4.5 Nothing contained in this procedure shall prevent representatives of the Union or the University from intervening in respect of matters in...
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DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. 47.1 This Section applies only to disputes about matters arising under this Agreement. 47.2 Either the employee or Liquip International may appoint another person to act on their behalf in any of the steps set out in this Section. 47.3 Where an employee has a dispute with Liquip International about matters arising under this Agreement: (a) the employee shall advise his or her immediate supervisor who will attempt to resolve the dispute; (b) if the dispute remains unresolved, the dispute will be referred to the General Manager – Aviation Division who will attempt to resolve the dispute; (c) if the dispute remains unresolved, it may be referred by either the employee or Liquip International to the Australian Industrial Relations Commission for conciliation and, if necessary, arbitration. 47.4 At any stage during the dispute process, the employee and Liquip International may agree to a mediation process, subject to both parties to the dispute agreeing on the mediator who will conduct the process. 47.5 If a dispute is referred to the Australian Industrial Relations Commission and conciliation is unable to resolve the dispute, either party to the dispute may require the Commission to arbitrate the dispute in accordance with s709 of the Workplace Relations Act. In relation to such arbitration: (a) the Commission may give all such directions and do all such things as are necessary for the just resolution of the dispute, including, but not limited to those things set out in section 111(1) of the Workplace Relations Act, subject to any restrictions imposed by Section 711(2) of that Act; (b) before making a determination, the Commission will give the parties to the dispute an opportunity to be heard formally on the matter(s) in dispute; (c) in making its determination the Commission will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offer or claims made in conciliation; and (d) the Commission must take account of the extent to which the parties to the dispute complied with these dispute avoidance and settlement procedures. 47.6 Any decision made by the Commission under clause 47.5 will be binding on the parties, subject to the following agreed matters: (a) there shall be a right of appeal to a Full Bench of the AIRC against the decisions, which must be exercised within 21 days of the decision being issued or within such further time as the Full Bench may all...
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DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. 47.1 This Section applies only to disputes about matters arising under this Agreement. 47.2 An employee or Shell Logistics is entitled to be represented by any person or organisation of his, her or its choosing in any steps, processes or proceedings involved with the resolution of a dispute by the employee about matters arising under this Agreement. 47.3 Where an employee has a dispute with Shell Logistics about matters arising under this Agreement: (a) the employee shall advise his or her immediate supervisor who will attempt to resolve the dispute; (b) if the dispute remains unresolved, the dispute will be referred to the Northern Regional Operations Manager and a Human Resources Representative who will attempt to resolve the dispute; (c) if the dispute remains unresolved, it may be referred by either the employee or Shell Logistics to the Australian Industrial Relations Commission for conciliation; (d) if the conciliation is unsuccessful, the employee and Shell Logistics may agree to a mediation process. 47.4 If a dispute in relation to a matter arising under this Agreement is unable to be resolved after following the steps set out in clause 47.3, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and, if the dispute remains unresolved, by arbitration in accordance with s709 of the Workplace Relations Act. If arbitration is necessary, the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective and must take account of the extent to which the parties to the dispute complied with the dispute avoidance and settlement procedures. 47.5 Notwithstanding clause 47.4, the parties to the dispute may agree on the powers, functions and procedures to be applied by the Australian Industrial Relations Commission.
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DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. (a) Any disputes, difficulties or issues arising from time-to-time will be resolved by following the dispute avoidance and settlement procedures detailed below: (b) In the event of a question, grievance, dispute or other difficulty arising, the following actions are to be taken, in turn, until the matter is resolved. (c) Should a solution to the difficulty not be readily agreed, consultation is to occur on each occasion, having regard to timing of escalation to the next level. (d) All matters of concern to the parties can be referred via this process so that the interests of those affected, including clients of Armaguard, are protected from disruption and the value of good working relationships and efficiencies continue. (e) The Process
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DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. The objectives of the procedures set out here are to promote the resolution of disputes by measures based on consultation, co-operation and discussions, to avoid industrial confrontation and to avoid interruption to the performance of work and the consequential loss of production and wages. 12.1 For grievances or issues affecting an individual employee or a small group of employees, it is agreed by all parties that: 12.1.1 In the first instance the employee will refer their problem to the Supervisor who will resolve the grievance/issue within 48 hours, or refer the matter to the Operations Manager. 12.1.2 If not settled at this stage, the employee may refer their problem to the Employee Representative, or take the matter up directly, for further discussion with the Operations Manager. 12.1.3 If not settled at this stage, the matter shall be referred to the General Manager, who, with the other parties, will try and resolve the issue. 12.1.4 If the dispute remains unsettled, the parties listed above and an appropriate external representative will discuss the matters in dispute and do their best to gain resolution. 12.1.5 If not settled at this stage, the matter may be referred by the parties jointly or individually to the Australian Industrial Relations Commission for settlement by conciliation. 12.2 There is a commitment by the parties to strictly adhere to these procedures. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. 12.3 Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days and a maximum of fourteen days should be allowed for all stages of the discussions to be finalised. 12.4 In order to allow for the peaceful resolution of grievances, the parties will not enter into any stoppages of work, lockouts or any other bans or limitation on the performance of work while the procedures of negotiation listed in 12.1.1 to 12.1.4 are being followed. 12.5 Any outcome cannot be inconsistent with legislative requirements or the National Code of Practice for the Construction Industry or the Implementation Guidelines.
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DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES. (a) The parties commit to resolve disputes, difficulties or issues arising from time-to-time by following the dispute avoidance and settlement procedures detailed below. (b) the scope and procedures contained within clause will extend to the settlement of disputes relating to the National Employment Standards 31.2 In the event of a question, grievance, dispute or other difficulty arising, the following actions are to be taken, in turn, until the matter is resolved. 31.3 All matters of concern to the parties can be referred via this process so that the interests of those affected, including clients of Armaguard, are protected from disruption and the value of good working relationships and efficiencies continue.
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Related to DISPUTE AVOIDANCE AND SETTLEMENT PROCEDURES

  • Dispute Settlement Procedures The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by: i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Settlement Procedures On each Payment Date, the Servicer shall direct the Collateral Custodian to pay pursuant to the Servicing Report (and the Collateral Custodian shall make such payment from the Collection Account to the extent of Available Funds in reliance on the information set forth in such Servicing Report) to the following Persons, the following amounts in the following order of priority: (a) to each Hedge Counterparty, if applicable, pro rata, based on the respective amounts owed under all Interest Rate Hedge Transactions related thereto, including any unpaid Hedge Breakage Costs with respect thereto; (b) to the Servicer, in an amount equal to any accrued and unpaid Servicing Fees and any reimbursable expenses of any successor Servicer; (c) pro rata in accordance with the amounts due under this clause and to the extent not paid by the Borrower, to the Backup Servicer and the Collateral Custodian, pro rata, in an amount equal to (i) any accrued and unpaid Backup Servicing Fees, Collateral Custodian Fees, Owner Trustee Fees and Transition Expenses, and (ii) incurred but unreimbursed reasonable third-party, out-of-pocket expenses relating to their respective duties as Backup Servicer, Collateral Custodian or Owner Trustee hereunder, in respect of which the Backup Servicer, the Collateral Custodian or the Owner Trustee, as applicable, has provided prior written notice setting forth such expenses in reasonable detail to the Servicer and the Administrative Agent, for the payment thereof, provided that amounts payable pursuant to this clause (ii) shall not exceed $5,000 for any Payment Date; (d) to the Administrative Agent, on behalf of the Lenders, in an amount equal to any accrued and unpaid Interest and any other fees or expenses due and payable to the Lenders hereunder; (e) to the Administrative Agent, for the account of each applicable Lender in reduction of the Outstanding Loan Balance, an amount equal to the Required Reduction Amount, if any; (f) pro rata in accordance with the amounts due under this clause to the Administrative Agent, any applicable Lender, the Backup Servicer, the Collateral Custodian, any successor Servicer, the Indemnified Parties or the Secured Parties, all other amounts, including any expenses, Increased Costs, Taxes or Indemnified Amounts due from the Borrower, but other than the principal and interest of the Outstanding Loan Balance, then due under this Agreement; (g) after the occurrence and during the continuance of an Event of Default, to the Administrative Agent, for the account of each applicable Lender, all amounts necessary to reduce the Outstanding Loan Balance to $0; and (h) any remaining amounts shall be distributed to the Borrower (and the Borrower shall be permitted to, among other things, further distribute such amounts to its Affiliates or its members at its discretion); provided that the Borrower may at its discretion direct the Collateral Custodian to pay any portion of the remaining amounts to the Administrative Agent, on behalf of the Lenders, in reduction of the Outstanding Loan Balance.

  • Settlement Procedure 4.1. The Client has the right to withdraw his/her own funds which are not encumbered with deposit obligations or Commission payments in case of Copy Trading. 4.2. Money transfers are made within 1-3 banking days. 4.3. Money transfer can be deferred by the Company for the period of 14 working days in exceptional cases requiring verification of compliance of trading and non-trading operations conducted by the Client with the terms and conditions of this Agreement. If such situation occurs, Company shall immediately notify Client by e-mail specified in the Client Profile. The Client has the right to request the status of the verification process only by contacting Trading operations department by e-mail at: xxxxxxx@xxxxxxxxxxx.xxx. 4.4. The Client’s payment instruction received, the amount to withdraw is deducted from the 4.5. In case of return of funds, the Client pays transfer fees. 4.6. The Client gives all instructions related to deposits and withdrawals of funds from the account through the Client's Profile in the order determined by the algorithm of Client's Profile operation. 4.7. The Company corrects balances in the accounts with a fixed negative value in the “Balance” column in the trading terminal on the 1st of each month. Correction (setting to zero) of trading accounts shall be applied solely to those accounts in which no trades are conducted at the moment of correction, i.e. no active open trading positions are present (pending orders will not be considered). Bonus funds are deducted from the “Credit” column with the comment “bonus_out (negative balance)”. At the same time, funds in the amount equal to the negative balance value are put into the account with the comment “Zero Balance Correction”. 4.8. The Client can withdraw funds from his/her account using any payment system which is accessible in the Client’s Profile. 4.8.1. If funds withdrawal is made via electronic payment systems, the withdrawal is possible only to the same system and with the same payment details within the system that were used to top up the trading account, and in same currency in which the deposit was made. If the account was topped up by different ways, in various currencies and using different payment details, withdrawals should be made proportionally. 4.8.2. If the Client’s payment details within the payment system are changed for some reason, the Client shall notify the Company by sending an email to the financial department with a photo where the Client is holding an ID close to his/her face attached. Otherwise, the Company reserves the right to deny funds withdrawal by use of new payment details. 4.9. Deposit of Client’s funds can be made by any methods available on the Company’s site. 4.9.1. The Client acknowledges that in case of software failure there can be delays in depositing funds in his/her trading account. 4.9.2. The Company undertakes to deposit funds in the Client’s trading account in case of any software failure resulting in delay in automated deposit provided that the Company was informed about the delay by the Client. 4.10. The Company doesn’t charge any deposit or withdrawal fees from Clients’ trading accounts. 4.11. The Client understands and accepts the fact that his/her money withdrawal request may be declined, and money will be retransferred to the Client’s account if the Client did not provide necessary identification information (copy of ID document, bank card or any other documents required by the Company based on the AML policy) upon the Company’s request via the Client’s Profile within 7 (seven) business days following the request. 4.12. The Client agrees that the Company may accept and make payments through payment agents. In particular, Skrill and Neteller payments are processed through LiteFinance Consulting Limited registered at Xxxxxx 00 Xxxxxxxx Xxxxx, 00 Xxxx Xxxxxx, XX 11 1 AA, Gibraltar, and acting as a payment agent of LiteFinance Global LLC.

  • Clearance and Settlement If the Pricing Agreement specifies that the Securities will clear and settle through one or more clearing systems, the Securities will be eligible for clearance and settlement through such clearing system or systems.

  • Disputes Settlement (1) Should any dispute arise as to the operation of this agreement and the parties are unable to resolve that dispute by amicable negotiation the parties shall refer such dispute to the Industrial Relations Commission for - (a) conciliation in the first instance and failing that (b) for arbitration. (2) Should any dispute arise as to the operation of a "training" agreement such dispute shall be resolved through the settlement mechanisms presented by the Industrial Training Xxx 0000.

  • Arbitration; Settlement of Disputes Any controversy, claim or cause of action brought by any party hereto against the Company arising out of or relating to the Shares or other Deposited Securities, the American Depositary Shares, the Receipts or this Deposit Agreement, or the breach hereof or thereof, if so elected by the claimant, shall be settled by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of the arbitration shall be Xxx Xxxx xx Xxx Xxxx, Xxxxx xx Xxx Xxxx, Xxxxxx Xxxxxx of America, and the language of the arbitration shall be English. The number of arbitrators shall be three, each of whom shall be disinterested in the dispute or controversy, shall have no connection with any party thereto, and shall be an attorney experienced in international securities transactions. Each party shall appoint one arbitrator and the two arbitrators shall select a third arbitrator who shall serve as chairperson of the tribunal. If a dispute, controversy or cause of action shall involve more than two parties, the parties shall attempt to align themselves in two sides (i.e., claimant(s) and respondent(s)), each of which shall appoint one arbitrator as if there were only two parties to such dispute, controversy or cause of action. If such alignment and appointment shall not have occurred within thirty (30) calendar days after the initiating party serves the arbitration demand, the American Arbitration Association shall appoint the three arbitrators, each of whom shall have the qualifications described above. The parties and the American Arbitration Association may appoint from among the nationals of any country, whether or not a party is a national of that country. The arbitral tribunal shall have no authority to award any consequential, special or punitive damages or other damages not measured by the prevailing party’s actual damages and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Deposit Agreement.

  • APPLICABLE LAW AND SETTLEMENT OF DISPUTES I.7.1. The Contract shall be governed by European Union law, complemented, where necessary, by the national substantive law of Belgium. I.7.2. Any dispute between the parties resulting from the interpretation or application of the Contract which cannot be settled amicably shall be brought before the courts of Brussels.

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