Individual Disputes Sample Clauses
The 'Individual disputes' clause establishes that any disagreements or claims arising under the agreement must be resolved on an individual basis, rather than as part of a group or class action. In practice, this means that each party must pursue their own claim separately, and cannot join with others to bring a collective lawsuit or arbitration. This clause is designed to prevent class actions and collective proceedings, ensuring that disputes are handled one-on-one, which can streamline resolution and limit the potential exposure or complexity for the parties involved.
Individual Disputes. Any Dispute will be conducted and resolved on an individual basis only and not on a class-wide, multiple plaintiff or similar basis between You and Us and will not be consolidated with any other dispute proceeding involving Us and any other person, except that with respect to a dispute involving You and Your affiliate.
Individual Disputes. Individual disputes are disputes that involve an employer and one or more employees as individuals. LABOUR LAW ART 302 AC AWARD 10/03, 58/10, 119/12 (1)
Individual Disputes. The parties hereto intend and agree that the provisions of this section shall apply to individual disputes between the parties and that the arbitrator(s) shall have no power or authority to certify or otherwise determine a class action or otherwise combine any individual dispute with other disputes between the parties or between a party hereto and one or more third parties without the prior written consent of all affected parties hereto.
Individual Disputes. (a) If an individual raises a grievance the procedure in subclause (c) will apply during which time work will continue in accordance with the reasonable direction of the Employer having regard for safe working practices.
(b) During the dispute resolution procedure the employee may elect to involve a representative to assist in resolution of the dispute by participating in discussions and providing advice.
(c) The procedure for resolution of disputes is as follows:
Step 1 Details of the dispute or grievance will be presented to the employee/s immediate Supervisor. The Supervisor will provide a response to the issue as soon as possible. If a response is not given by the end of the Supervisor’s next rostered shift, then the Supervisor will give a progress report which will include an undertaking as to the time by which a response might be given.
Step 2 If resolution has not been achieved, or the Supervisor’s immediate response is unacceptable; the matter may be referred in writing by the employee/s to the relevant Superintendent or Supervisor. The Superintendent or Supervisor will provide a response to the issue as soon as possible. If a response is not given by the end of the Superintendent’s or Supervisor next rostered shift, a progress report will be given which will include the time by which a response might be given.
Step 3 If resolution has not been achieved, or the Superintendent or Supervisors immediate response is unacceptable, the matter will be referred to the relevant Manager. The Manager will provide a response to the issue as soon as possible.
Step 4 If the matter remains unresolved it shall be referred for discussion between the district officials of the Union and nominated senior personnel of the Employer.
Step 5 If resolution cannot be reached, referral by either party to the Tribunal.
Individual Disputes. Step 1 Any dispute between one or more employees and an Employer shall be immediately communicated verbally to the Pier Superintendent.
Step 2 If the dispute is not resolved immediately at Step 1, then the Union may formulate a grievance and present same in writing within the following two (2) working days to the Manager of the Employer concerned who will render his decision in writing within the following two (2) working days.
Step 3 Within two (2) working days following the Manager’s decision, the party wishing to pursue the dispute will notify the Permanent Joint Committee in writing. The Permanent Joint Committee will attempt to settle the dispute within five (5) working days following receipt of such notice.
Step 4 If the dispute is not resolved in Step 3, it may be submitted to a sole arbitrator by notifying the other party in writing within ten (10) workings days of when a decision should have been reached in Step 3 and a decision will be rendered as provided below.
(a) Any matter referred to arbitration under this Agreement, shall be submitted to a single arbitrator who shall be chosen having regard to his impartiality, his qualifications in the interpretations of the agreements and his familiarity with the industry matters.
(b) The party giving notice of desire to refer a matter to arbitration shall, within five (5) days of the date of giving such notice, contact the arbitrators, as provided for above, advise him of the matter to be arbitrated. Within fifteen (15) days of his appointment, or at such a time that is acceptable to the Association and the Union the arbitrator shall hold a hearing.
(c) The party giving notice of desire to refer a matter to Arbitration shall include in the written notice given to the other party, the names of at least three (3) persons for the consideration of the other party as an Arbitrator. Failing agreement on such an arbitrator, the Federal Minister of Labour, on the request of either party, may appoint an Arbitrator.
(d) The Arbitrator shall hear and determine the difference or allegations and shall make a decision within seven (7) days, or within such other period as the parties may agree upon or the arbitrator may reasonably require, following the hearing. The decision of the Arbitrator shall be final and binding upon the parties.
Individual Disputes. In this regulation on disputes no separate provisions are made for individual disputes, being disputes between an employer and employee, regarding the interpretation, application of or compliance with the collective labour agreement (cao). The existing statutory provisions apply in these instances.