Common use of Onus of Proof Clause in Contracts

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.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Onus of Proof. In any arbitration pursuant to Subsection Subjection (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.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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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.

Appears in 1 contract

Samples: Collective Agreement

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