Procedural Guarantees. 1. Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings referred to in Articles 5(2) and 6(2) are fair, open and equitable, and to this end shall provide that such proceedings:
(a) comply with due process of law;
(b) are open to the public, except where the administration of justice otherwise requires;
(c) entitle the parties to the proceedings to support or defend their respective positions and to present information or evidence; and
(d) are not unnecessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays.
2. Each Party shall provide that final decisions on the merits of the case in such proceedings are:
(a) in writing and preferably state the reasons on which the decisions are based;
(b) made available without undue delay to the parties to the proceedings and, consistent with its law, to the public; and
(c) based on information or evidence in respect of which the parties were offered the opportunity to be heard.
3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in accordance with its law, to seek review and, where warranted, correction of final decisions issued in such proceedings.
4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.
Procedural Guarantees. 21.1.1 An administrative faculty member shall have the right to present grievances in accordance with these procedures without fear of coercion, interference, restraint, discrimination, or reprisal. Information pertaining to a grievance shall be considered privileged and subject to dissemination only among parties of interest.
21.1.2 No grievance shall be processed as set forth below without the approval of and appropriate representation by the Union unless otherwise provided by law.
21.1.3 All hearings shall be and remain confidential unless an open session is requested by the grievant.
Procedural Guarantees. 1. Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings referred to in Article 8(2) are fair, equitable and transparent and to this end shall provide that such proceedings:
(a) are conducted by impartial and independent persons who do not have an interest in the outcome of the matter, that the Parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence, and that the decision is based on this information or evidence;
(b) are open to the public, except where the administration of justice otherwise requires;
(c) entitle the parties to the proceedings to support or defend their respective positions and to present information or evidence; and
(d) are not unnecessarily complicated and do not entail unreasonable fees or time limits or unwarranted delays.
2. Each Party shall provide that final decisions on the merits of the case in these proceedings are:
(a) in writing and preferably state the reasons on which the decisions are based;
(b) made available without undue delay to the parties to the proceedings and, in accordance with its domestic law, to the public; and
(c) based on information or evidence presented by the parties.
3. Each Party shall also provide, as appropriate, that parties to such proceedings have the right, in accordance with its domestic law, to seek review and, where warranted, correction or redetermination, of final decisions in such proceedings.
4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent, and do not have any substantial interest in the outcome of the matter.
Procedural Guarantees. 1. Each Party shall ensure that proceedings referred to in subparagraphs (1)(b) and (f) of Article 3 and Article 4 are fair, equitable and transparent and respect due process of law, and to this end shall provide that:
(a) persons who conduct such proceedings are impartial and independent and do not have an interest in the outcome of the matter;
(b) the parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence;
(c) the decision be based on such information or evidence and final decisions on the merits of the case be in writing;
(d) the proceedings are open to the public, except where its domestic legislation and the administration of justice otherwise requires; and
(e) the proceedings do not entail unreasonable fees or delays, and the time limits do not impede exercise of the rights.
2. Each Party shall provide that parties to such proceedings have the right, pursuant to its domestic legislation, to seek review and correction of final decisions issued in such proceedings.
Procedural Guarantees. 1. Each Party shall ensure that proceedings referred to in subparagraphs 1 (b) and (e) of Article 3 and Article 4 are fair, equitable and transparent and to this end that:
(a) proceedings are conducted by decision-makers who are impartial and independent and do not have an interest in the outcome of the matter;
(b) the parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence, with the decision based on such information or evidence and final decisions on the merits of the case in writing;
(c) the proceedings are open to the public, except where the law and the administration of justice otherwise requires; and
(d) the proceedings are free and expeditious or at least do not entail unreasonable fees or delays, and the time limits do not impede exercise of the rights.
2. Each Party shall provide that parties to such proceedings have the right, pursuant to its legislation, to seek review and correction of final decisions issued in such proceedings.
3. A Party should implement the above obligations in a manner consistent with its multilateral commitments, and is not required to conform to the above obligations if to do so would result in conflict with its obligations under a multilateral treaty that provides equivalent or greater procedural guarantees.
Procedural Guarantees. 1. Each Party shall ensure that investigations or proceedings referred to in Articles 18. 4.1(b), 18.4.1(f), and 18.5:
(a) are fair, equitable and transparent and to this end that they comply with the due process of law;
(b) are open to the public except if it is not appropriate for the proper administration of these proceedings; and
(c) do not entail unreasonable fees, delays or time limits.
2. Each Party shall provide that final decisions on the merits of the case in proceedings referred to in paragraph 1 are in writing, preferably state the reasons on which the decisions are based, and are made available to the parties to the proceedings in a timely manner and, in accordance with its domestic law, to the public.
3. Each Party shall provide that parties to those proceedings have the right, as appropriate and in accordance with applicable domestic law, to seek review in accordance with due process and, if warranted, correction of decisions issued in those proceedings.
Procedural Guarantees. 1. Each Party shall ensure that its administrative, quasi-judicial, judicial and labor tribunal proceedings for the enforcement of its labor law are fair, equitable and transparent and, to this end, each Party shall provide that:
1. such proceedings comply with due process of law;
2. any hearings in such proceedings are open to the public, except where the administration of justice otherwise requires;
3. the parties to such proceedings are entitled to support or defend their respective positions and to present information or evidence; and
4. such proceedings are not unneccessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays.
2. Each Party shall provide that final decisions on the merits of the case in such proceedings are:
1. in writing and preferably state the reasons on which the decisions are based;
2. made available without undue delay to the parties to the proceedings and, consistent with its law, to the public; and
3. based on information or evidence in respect of which the parties were offered the opportunity to be heard.
3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in accordance with its law, to seek review and, where warranted, correction of final decisions issued in such proceedings.
4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.
5. Each Party shall provide that the parties to administrative, quasi-judicial, judicial or labor tribunal proceedings may seek remedies to ensure the enforcement of their labor rights. Such remedies may include, as appropriate, orders, compliance agreements, fines, penalties, imprisonment, injunctions or emergency workplace closures.
6. Each Party may, as appropriate, adopt or maintain labor defense offices to represent or advise workers or their organizations.
7. Nothing in this Article shall be construed to require a Party to establish, or to prevent a Party from establishing, a judicial system for the enforcement of its labor law distinct from its system for the enforcement of laws in general.
8. For greater certainty, decisions by each Party's administrative, quasi-judicial, judicial or labor tribunals, or pending decisions, as well as related proceedings shall not be subject to revision or reopened under the provisions of this Agreement.
Procedural Guarantees. 1. Each Party shall ensure that the proceedings referred to in Article 3(a) and (b) (Government Enforcement Action) and Article 4 (Private Action) are fair, equitable and transparent, and to this end, shall provide that:
(a) persons which conduct the proceedings meet appropriate guarantees of independence, including not having an interest in the outcome of the matter;
(b) the parties to the proceedings are entitled to support or defend their respective positions and to submit information or evidence;
(c) the decision is based on that information or evidence and final decisions on the merits of the case are in writing;
(d) the proceedings are open to the public, unless the law and the administration of justice otherwise require; and
(e) the proceedings are free and expeditious or do not entail unreasonable fees or delays, and the time limits do not impede exercise of the rights.
2. Each Party shall provide that parties to the proceedings have the right, pursuant to the Party’s legislation, to seek review and correction of decisions issued in those proceedings, and that this review complies with the requirements in paragraph 1 and is conducted by decision-makers who are impartial and independent and do not have an interest in the outcome of the matter.
Procedural Guarantees. 1. Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings referred to in Article 7.5.2 are fair, equitable and transparent and to this end shall ensure that a proceeding:
(a) is conducted by an impartial and independent natural person who does not have an interest in the outcome of the matter;
(b) is open to the public, except if the law or the administration of justice requires otherwise;
(c) entitles the parties to a proceeding to support or defend their respective positions and to present information or evidence; and
(d) is, within the framework of its legal system, not unnecessarily complicated and does not entail an unreasonable fee or time limit or an unwarranted delay.
2. Each Party shall provide that a final decision on the merits of the case in a proceeding is:
(a) in writing and, if appropriate, states the reasons on which the decision is based;
(b) made available within a reasonable time period to the parties to a proceeding and, in accordance with its law, to the public; and
(c) based on information or evidence presented by the parties to a proceeding.
3. Each Party shall also provide, as appropriate, that parties to a proceeding have the right, in accordance with its law, to seek review and, if warranted, correction or redetermination, of a final decision in a proceeding.
4. Each Party shall ensure that a tribunal that conducts or reviews a proceeding is impartial and independent, and does not have any substantial interest in the outcome of the matter.
Procedural Guarantees. Employees are guaranteed the following in connection with the performance review process:
1. Performance appraisal shall be based on performance in the workplace. Such performance review shall be based on direct observation of the employee’s Supervisor as well as review of written work as applicable to the position.
2. For teaching staff, supervisors will formally observe employee conducting lessons, review written documentation of child progress, in addition to other performance indicators.
3. Employees will be given the opportunity to provide their comments in the appraisal.
4. Employees will be given a copy of the appraisal.
