Procedural Fairness. Investigation of a complaint which could lead to Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. If a meeting with the Head is required before a decision is taken the School will make reasonable efforts to notify the Parents or education guardian so that they can attend. In the absence of the Parent or an education guardian, the Pupil will be assisted by an adult (usually a teacher) of his / her choice.
Procedural Fairness. Each Party shall implement administrative and judicial procedures in a fair manner to control anticompetitive activities, pursuant to its relevant laws and regulations.
Procedural Fairness. Investigation of an allegation, complaint or rumour that could lead to Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below shall be carried out in a fair and unbiased manner. If a disciplinary meeting with the Headmaster is required before a decision is taken, the School will make reasonable efforts to notify the Parents or education guardian so that they can attend.
Procedural Fairness. The employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the Employee will:
1. Be fully and fairly informed of the allegation or allegations against them;
2. Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ poor performance, including by being:
i. provided with all information generated by the investigation;
ii. notified of potential disciplinary outcomes at the outset; and
iii. given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made.
3. Have their responses considered with an open mind;
4. Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer (except in the case of serious misconduct or after a final written warning);
5. Have the right to representation at all stages of the process. The Employer also agrees that:
1. Any delegate or investigator appointed to conduct an investigation will investigate fully, fairly and impartially;
2. Any warnings will be issued with the approval of a Human Resources manager or advisor; and
3. In circumstances where disciplinary action is taken, the decision and the reasons for it, will be provided in writing to the employee; and
4. Employees shall be advised of their right to challenge any disciplinary decision. Good faith Both the employer and employee will act in good faith during any disciplinary process. Both parties agree to conduct themselves in a manner that is active, constructive, responsive and communicative to ensure that a productive employment relationship is maintained through the process.
Procedural Fairness. The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the Employee will:
(a) Be fully and fairly informed of the allegation or allegations against them;
(b) Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ poor performance, including by being:
i. provided with all information generated by the investigation;
ii. notified of potential disciplinary outcomes at the outset; and
(c) Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made.
(d) Have their responses considered with an open mind;
(e) Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the Employer (except in the case of serious misconduct or after a final written warning);
(f) Have the right to representation at all stages of the process.
Procedural Fairness. The employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that you will:
1. Be fully and fairly informed of the allegation or allegations against you;
2. Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ poor performance, including by being:
i. provided with all information generated by the investigation;
ii. notified of potential disciplinary outcomes at the outset; and
iii. given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made.
3. Have your responses considered with an open mind;
4. Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer (except in the case of serious misconduct or after a final written warning);
5. Have the right to representation at all stages of the process. The Employer also agrees that:
1. Any delegate or investigator appointed to conduct an investigation will investigate fully, fairly and impartially;
2. Any warnings will be issued with the approval of a Human Resources manager or advisor; and
3. In circumstances where disciplinary action is taken, the decision and the reasons for it, will be provided in writing to you; and
4. Employees shall be advised of their right to challenge any disciplinary decision.
Procedural Fairness. In Accordance with the Requirements of Article 7:
(A) Host states shall ensure that their administrative, legislative and judicial processes do not operate in a manner that is arbitrary or that denies administrative and procedural fairness to investors and invest- ments. Investors or investments shall be notified in a timely fashion of administrative or judicial pro- ceedings directly relating to them, unless such notice is contrary to domestic law on an exceptional basis.
Procedural Fairness. The Board of Directors of Thermo Electron also determined that the Offer and the Merger are procedurally fair to the Unaffiliated Stockholders. In making such determination, the Board of Directors considered the following factors: - Each Unaffiliated Stockholder can individually determine whether to tender Shares in the Offer. - The Offer provides the opportunity for the Unaffiliated Stockholders to sell their Shares without incurring brokerage and other costs typically associated with market sales. - Unaffiliated Stockholders who believe that the terms of the Offer and the Merger are not fair can pursue appraisal rights in the Merger under state law. CERTAIN NEGATIVE CONSIDERATIONS. The Board of Directors of Thermo Electron also considered the following factors, each of which they considered negative, in their deliberations concerning the fairness of the terms of the Offer and the Merger: - TERMINATION OF PARTICIPATION IN FUTURE GROWTH OF THE COMPANY. Following the successful completion of the Offer and the Merger, the Unaffiliated Stockholders would cease to participate in the future earnings or growth, if any, of the Company or benefit from increases, if any, in the value of their holdings in the Company. - CONFLICTS OF INTEREST. The financial interests of Thermo Electron are adverse as to the Offer Price to the financial interests of the Unaffiliated Stockholders. In addition, officers and directors of the Company have actual or potential conflicts of interest in connection with the Offer and the Merger. See "--Conflicts Of Interest." - NO UNAFFILIATED STOCKHOLDER APPROVAL. The Offer and the Merger do not provide the Unaffiliated Stockholders with an opportunity to vote on the proposed transaction, unless the Merger occurs prior to February 23, 2002. - NO UNAFFILIATED REPRESENTATIVE OR INDEPENDENT DIRECTOR APPROVAL. The members of the Board of Directors of the Company who are not employees of the Company or affiliated with Thermo Electron have not retained an unaffiliated representative to act solely on behalf of the Unaffiliated Stockholders for purposes of negotiating the terms of the Offer and the Merger or preparing a report concerning the fairness of the Offer and the Merger. The Board of Directors of the Company has delegated to the Independent Committee the authority to make a recommendation to the Unaffiliated Stockholders with respect to the Offer and to prepare a Solicitation/Recommendation Statement on Schedule 14D-9, as required by the rule...
Procedural Fairness. The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the employee will:
a) Be fully and fairly informed of the allegation of allegations against them;
b) Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/poor performance, including by being:
i. Provided with all information generated by the investigation;
ii. Notified of potential disciplinary outcomes at the outset; and
c) Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made.
d) Have their responses considered with an open mind;
e) Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer (excepting the case of serious misconduct or after a final written warning);
f) Have the right to representation at all stages of the process.
Procedural Fairness. 9.3.1 The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the employee will:
(a) Be fully and fairly informed of the allegation of allegations against them; and
(b) Have an informed, full, and fair opportunity to respond to the alleged breaches of conduct/poor performance, including by being: ▪ Provided with all information generated by the investigation; and ▪ Notified of potential disciplinary outcomes at the outset; and ▪ Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made; and ▪ Have their responses considered with an open mind; and ▪ Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer (except in the case of serious misconduct or after a final written warning); and ▪ Have the right to representation at all stages of the process.
9.3.2 The Employer also agrees that:
(a) Any delegate or investigator appointed to conduct an investigation will investigate fully, fairly and impartially; and
(b) Any warnings will be issues with the approval of a Human Resources Manager or Advisor; and
(c) In circumstances where disciplinary action is taken, the decision and the reasons for it, will be provided in writing to the employee; and
(d) Employees shall be advised of their right to challenge any disciplinary decision.
