Onus of Proof. In any arbitration pursuant to Subsection (i) above, if the Union is first able to demonstrate that the senior employee (grievor) presently has the qualifications, experience, skill and ability to do the job in question, the Employer must then establish that such qualifications, experience, skill and ability are not equal to those possessed by the successful applicant.
Onus of Proof. In any dispute arising out of or in respect of this Agreement, and without limiting the generality of the foregoing, where any question arises as to whether there has been any event or circumstance of default, or whether any other default, event or circumstance giving rise to a right of termination on the part of the Minister has occurred, the onus of proof shall rest with the Licensee.
Onus of Proof. 9. (a) In an action by a person seeking employment, or by an employee for an infringement of the provisions of section 2, the onus shall be upon the employer to prove that he did not act in contravention of the provisions of section 2:
Onus of Proof. In all discharge and discipline cases, the initial onus of proof lies with the Employer to substantiate the penalty. all other cases, the initial onus of proof rests with the Union to substantiate the grievance. Order of Presentation The party saddled with the initial onus of proof is deemed to have initiated the action and makes the first presentation regarding the merits of the case. The first presentation shall include evidence as to the agreed-upon facts, the facts in dispute, the evidence to be given, the presentation of that evidence and arguments of the case. When the leading party closes their case, the opposing party may ask the Panel to dismiss the grievance. This is usually done on the basis that the leading party did not meet its case. The moving party is then asked to elect to call evidence or not. If they choose to call evidence the matter is closed. If not, then arguments will be heard on the motion and a ruling is made. Some parties believe that if they lose the motion to dismiss, they can then present their evidence. This in essence gives them two opportunities to receive a favourable ruling. Once the first party has properly presented its case, the onus then shifts to the other party to make its formal presentation of evidence and arguments. The Canadian Joint Grievance Panel Inc. Schedule The subsequent presentations by both sides are then determined by the rules of evidence regarding newly introduced testimony or documents or the introduction of surprise evidence. II Submission of Evidence Evidence may come in the form of witnesses or documents but first must be judged admissible.
Onus of Proof. A Claim must demonstrate to MIGA’s reasonable satisfaction the Guarantee Holder’s right to compensation in accordance with this Contract. The responsibility for proving a Loss shall at all times rest with the Guarantee Holder.
Onus of Proof. Without limiting any provision of this Part, the onus of proving that a COVID Delay Event or COVID Termination Event has occurred, and when, to the satisfaction of the other Party under this Agreement (acting reasonably), is on the Party to this Agreement seeking to avail itself of Clause 8.3 or 8.5 as the case may be.
Onus of Proof. In any claim, and/or any action, suit or proceeding to enforce a claim for loss under this Policy, the burden of proving that the loss is recoverable under this Policy shall be on the Insured. The burden of proving that a condition or warranty has been breached or that an exclusion applies shall be on the Insurers.
Onus of Proof. In the event of the Insured making any claim for loss or damage under this policy he must (if so required by the Company) prove that the loss or damage was occasioned by or through or in consequence of earthquake.
Onus of Proof. In connection with paragraph 3 of Article III and with Article IV of the Treaty no nuclear activities in the fields of research, development, manufacture or use for peaceful purposes are prohibited nor can the transfer of information, materials and equipment be denied to non-nuclear-weapon States merely on the basis of allegations that such activities or transfers could be used for the manufacture of nuclear weapons or other explosive devices. d)
Onus of Proof. Disciplinary measures may only be imposed for a fair and sufficient reason, which the Employer has the onus of proving.
