Particular powers of Commission or ADR practitioner. (i) The Commission or ADR practitioner (the determining authority) may do any of the things mentioned in sub paragraph (ii) in relation to a dispute arising under this Agreement. (ii) The determining authority may: a. Take evidence on oath or affirmation; b. Give a direction in the course of, or for the purposes of, the hearing or determination of the industrial dispute; c. Dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute, if it appears: i. That the dispute or part is trivial; ii. That further proceedings are not necessary or desirable in the public interest; iii. That a party to the industrial dispute is engaging in conduct that, in the determining authority’s opinion, is hindering the settlement of the industrial dispute. d. Hear and determine the industrial dispute in the absence of a party who has been summoned or served with notice to appear; e. Sit at any place; f. Conduct its proceedings, or any part of its proceedings, in private; g. Adjourn to any time and place; h. Refer any matter to an expert and accept the expert’s report as evidence; i. If the determining authority is the Commission, direct parties to be joined or struck out; j. Allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding; k. Correct, amend or waive any error, defect or irregularity, whether in substance or form; l. Extend any prescribed time; m. If the determining authority is the Commission, summon before it the parties to the dispute, the witnesses, and any other persons whose presence the Commission consider would help the hearing or determining of the industrial dispute, and compel the production before it of documents and other things for the purpose of reference to such entries or matters only as relate to the dispute; and n. Generally give all such directions, and do all such things, as are necessary or expedient for the speedy and just hearing and determination of the dispute. (iii) The Commission may, in writing, authorize a person (including a member of the Commission) to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to a dispute, and the person has all the powers of the Commission to secure the attendance of witnesses, the production of documents and things, and the taking of evidence on oath or affirmation.
Appears in 2 contracts
Samples: Employee Collective Agreement, Employee Collective Agreement
Particular powers of Commission or ADR practitioner. (i) The Commission or ADR practitioner (the determining authority) may do any of the things mentioned in sub paragraph (ii) in relation to a dispute arising under this Agreement.
(ii) The determining authority may:
a. Take evidence on oath or affirmation;
b. Give a direction in the course of, or for the purposes of, the hearing or determination of the industrial dispute;
c. Dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute, if it appears:
i. (i) That the dispute or part is trivial;
(ii. ) That further proceedings are not necessary or desirable in the public interest;
(iii. ) That a party to the industrial dispute is engaging in conduct that, in the determining authority’s opinion, is hindering the settlement of the industrial dispute.
d. Hear and determine the industrial dispute in the absence of a party who has been summoned or served with notice to appear;
e. Sit at any place;
f. Conduct its proceedings, or any part of its proceedings, in private;
g. Adjourn to any time and place;
h. Refer any matter to an expert and accept the expert’s report as evidence;
i. If the determining authority is the Commission, direct parties to be joined or struck out;
j. Allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
k. Correct, amend or waive any error, defect or irregularity, whether in substance or form;
l. Extend any prescribed time;
m. If the determining authority is the Commission, summon before it the parties to the dispute, the witnesses, and any other persons whose presence the Commission consider would help the hearing or determining of the industrial dispute, and compel the production before it of documents and other things for the purpose of reference to such entries or matters only as relate to the dispute; and
n. Generally give all such directions, and do all such things, as are necessary or expedient for the speedy and just hearing and determination of the dispute.
(iii) The Commission may, in writing, authorize a person (including a member of the Commission) to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to a dispute, and the person has all the powers of the Commission to secure the attendance of witnesses, the production of documents and things, and the taking of evidence on oath or affirmation.
Appears in 1 contract
Samples: Employee Collective Agreement
Particular powers of Commission or ADR practitioner. (ia) The Commission or ADR practitioner (the determining authority) may do any of the things mentioned in sub paragraph (iib) in relation to a dispute arising under this Agreement.
(iib) The determining authority may:
a. : • Take evidence on oath or affirmation;
b. ; • Give a direction in the course of, or for the purposes of, the hearing or determination of the industrial dispute;
c. ; • Dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute, if it appears:
i. (i) That the dispute or part is trivial;
(ii. ) That further proceedings are not necessary or desirable in the public interest;
(iii. ) That a party to the industrial dispute is engaging in conduct that, in the determining authority’s opinion, is hindering the settlement of the industrial dispute.
d. . • Hear and determine the industrial dispute in the absence of a party who has been summoned or served with notice to appear;
e. ; • Sit at any place;
f. ; • Conduct its proceedings, or any part of its proceedings, in private;
g. ; • Adjourn to any time and place;
h. ; • Refer any matter to an expert and accept the expert’s report as evidence;
i. ; • If the determining authority is the Commission, direct parties to be joined or struck out;
j. ; • Allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
k. ; • Correct, amend or waive any error, defect or irregularity, whether in substance or form;
l. ; • Extend any prescribed time;
m. ; • If the determining authority is the Commission, summon before it the parties to the dispute, the witnesses, and any other persons whose presence the Commission consider would help the hearing or determining of the industrial dispute, and compel the production before it of documents and other things for the purpose of reference to such entries or matters only as they relate to the dispute; and
n. and • Generally give all such directions, and do all such things, as are necessary or expedient for the speedy and just hearing and determination of the dispute.
(iiic) The Commission may, in writing, authorize a person (including a member of the Commission) to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to a dispute, and the person has all the powers of the Commission to secure the attendance of witnesses, the production of documents and things, and the taking of evidence on oath or affirmation.
Appears in 1 contract
Samples: Union Collective Agreement
Particular powers of Commission or ADR practitioner. (i) The Commission or ADR practitioner (the determining authority) may do any of the things mentioned in sub paragraph (ii) in relation to a dispute arising under this Agreement.
(ii) The determining authority may:
a. Take evidence on oath or affirmation;
b. Give a direction in the course of, or for the purposes of, the hearing or determination of the industrial dispute;
c. Dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute, if it appears:
i. That the dispute or part is trivial;
ii. That further proceedings are not necessary or desirable in the public interest;
iii. That a party to the industrial dispute is engaging in conduct that, in the determining authority’s opinion, is hindering the settlement of the industrial dispute.
d. Hear and determine the industrial dispute in the absence of a party who has been summoned or served with notice to appear;
e. Sit at any place;
f. Conduct its proceedings, or any part of its proceedings, in private;
g. Adjourn to any time and place;
h. Refer any matter to an expert and accept the expert’s report as evidence;
i. If the determining authority is the Commission, direct parties to be joined or struck out;
j. Allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
k. Correct, amend or waive any error, defect or irregularity, whether in substance or form;
l. Extend any prescribed time;
m. If the determining authority is the Commission, summon before it the parties to the dispute, the witnesses, and any other persons whose presence the Commission consider would help the hearing or determining of the industrial dispute, and compel the production before it of documents and other things for the purpose of reference to such entries or matters only as relate to the dispute; andproduction
n. Generally give all such directions, and do all such things, as are necessary or expedient for the speedy and just hearing and determination of the dispute.
(iii) The Commission may, in writing, authorize a person (including a member of the Commission) to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to a dispute, and the person has all the powers of the Commission to secure the attendance of witnesses, the production of documents and things, and the taking of evidence on oath or affirmation.
Appears in 1 contract
Samples: Collective Agreement
Particular powers of Commission or ADR practitioner. (ia) The Commission or ADR practitioner (the determining authority) may do any of the things mentioned in sub paragraph (ii) in relation to a dispute arising under this Agreement.
(iib) The determining authority may:
a. i. Take evidence on oath or affirmation;
b. ii. Give a direction in the course of, or for the purposes of, the hearing or determination of the industrial dispute;
c. iii. Dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute, if it appears:
i. A. That the dispute or part is trivial;
ii. B. That further proceedings are not necessary or desirable in the public interest;
iii. C. That a party to the industrial dispute is engaging in conduct that, in the determining authority’s opinion, is hindering the settlement of the industrial dispute.
d. iv. Hear and determine the industrial dispute in the absence of a party who has been summoned or served with notice to appear;
e. v. Sit at any place;
f. vi. Conduct its proceedings, or any part of its proceedings, in private;
g. vii. Adjourn to any time and place;
h. viii. Refer any matter to an expert and accept the expert’s report as evidence;
i. ix. If the determining authority is the Commission, direct parties to be joined or struck out;
j. x. Allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
k. xi. Correct, amend or waive any error, defect or irregularity, whether in substance or form;
l. xii. Extend any prescribed time;
m. xiii. If the determining authority is the Commission, summon before it the parties to the dispute, the witnesses, and any other persons whose presence the Commission consider would help the hearing or determining of the industrial dispute, and compel the production before it of documents and other things for the purpose of reference to such entries or matters only as relate to the dispute; and
n. xiv. Generally give all such directions, and do all such things, as are necessary or expedient for the speedy and just hearing and determination of the dispute.
(iiic) The Commission may, in writing, authorize a person (including a member of the Commission) to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to a dispute, and the person has all the powers of the Commission to secure the attendance of witnesses, the production of documents and things, and the taking of evidence on oath or affirmation.
Appears in 1 contract
Samples: Employee Collective Agreement
Particular powers of Commission or ADR practitioner. (i) The Commission or ADR practitioner (the determining authority) may do any of the things mentioned in sub paragraph (ii) in relation to a dispute arising under this Agreement.
(ii) The determining authority may:
a. Take evidence on oath or affirmation;
b. Give a direction in the course of, or for the purposes of, the hearing or determination of the industrial dispute;
c. Dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute, if it appears:
i. That that the dispute or part is trivial;
ii. That that further proceedings are not necessary or desirable in the public interest;
iii. That that a party to the industrial dispute is engaging in conduct that, in the determining authority’s opinion, is hindering the settlement of the industrial dispute.
d. Hear and determine the industrial dispute in the absence of a party who has been summoned or served with notice to appear;
e. Sit at any place;
f. Conduct its proceedings, or any part of its proceedings, in private;
g. Adjourn to any time and place;
h. Refer any matter to an expert and accept the expert’s report as evidence;
i. If the determining authority is the Commission, direct parties to be joined or struck out;
j. Allow the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;
k. Correct, amend or waive any error, defect or irregularity, whether in substance or form;
l. Extend any prescribed time;
m. If the determining authority is the Commission, summon before it the parties to the dispute, the witnesses, and any other persons whose presence the Commission consider would help the hearing or determining of the industrial dispute, and compel the production before it of documents and other things for the purpose of reference to such entries or matters only as relate to the dispute; and
n. Generally give all such directions, and do all such things, as are necessary or expedient for the speedy and just hearing and determination of the dispute.
(iii) The Commission may, in writing, authorize a person (including a member of the Commission) to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to a dispute, and the person has all the powers of the Commission to secure the attendance of witnesses, the production of documents and things, and the taking of evidence on oath or affirmation.
Appears in 1 contract
Samples: Employee Collective Agreement