THE ISSUES. The issues to be determined on the question of liability are, of course, grounded in the tort of negligence on which the claim is based. Therefore, for the claim to succeed, it must be established by the claimant to the requisite standard that the first defendant owed a duty of care to him at the material time; that there was a breach of that duty by the first defendant; that the injury he sustained was a foreseeable consequence of the breach of duty; and that the injury, in fact, resulted from that breach.
THE ISSUES. With this document, “Suez Responsibility,” the Group undertakes to promote diversity and equal opportunity within the communities in which it is present. The aim is to establish standards for Equality and Diversity covering all working conditions, from recruitment to pay and promotion, and including training and working hours. Throughout this document, Suez recognises the importance of involving employee representatives and union organisations in designing, implementing and controlling the Equality and Diversity Policy. Today, Suez intends to demonstrate a new stage in its commitment with a reference document calling on management and employees, as well as the social partners, to mobilise. This document has been drawn up in consultation with the Suez ECC Equality and Diversity Commission.
THE ISSUES. WORK PLACE CHANGE It is agreed that the gardens of the Governor's Establishment must be maintained to a standard of excellence befitting the residence of the Head of State. The focus must be on introducing flexibilities which will result in fundamental changes to how the gardeners' work is organised, what work is carried out and when the work is carried out. Such issues include:
(1) Work flexibility · maintenance and minor repairs to garden machinery · installation of reticulation systems · cleaning and maintenance of swimming pool · setting up the Ballroom for functions, liaise with Ballroom hirers and "breaking down" of Ballroom settings post function · supporting security and public relations procedures by identifying and directing visitors to the grounds where necessary.
(2) Hours flexibility · hours to be worked and accumulated over busy periods without overtime penalties · credit hours to be utilised as time off in quiet periods, ie: no RDO's.
(3) Skills development · move towards implementation of multiskilling and work teams concepts. MANAGEMENT OF WORK AND USE OF RESOURCES A management plan for the effective planning, development and management of the grounds is to be implemented and will assist in providing a framework for:- · Improved efficiency of use of resources - scheduling, allocation and performance reporting of work undertaken. · Provision of technical data relevant to the heritage and archaeological significance of the site. · Simplification and change of work processes and procedures. · Implementation and use of new technology including those relevant to environmental issues. COMMON CONDITIONS This Agreement seeks to provide common conditions of employment that will cover clauses in the various awards of employees throughout the Governor's Establishment. While providing common conditions the agreement will allow work teams to take into account issues which may be unique to their area. Conditions such as hours, rostering systems and leave scheduling may be included.
THE ISSUES. [9] The issues for the determination of this court are:
THE ISSUES. In order to resolve this grievance, it is necessary (a) for me to interpret Article 3 of the 1998 Agreement in order to determine what the parties meant when they referred to “a reasoned basis” and “a written reasoned response”, and then (b) to determine whether the Attorney General’s letter rejecting the Xxxxxx Panel’s recommendations complies with these requirements.
THE ISSUES. Several factors influence prairie chicken habi- tat and populations. A major negative factor is widespread annual burning and intensive early stocking of livestock. This range management practice removes all residual grass cover just prior to nesting. The lack of good nesting cover makes it difficult for a prairie chicken to suc- cessfully hatch and rear young.
THE ISSUES. [10] At the hearing, the parties submitted twenty-three (23) issues in dispute (17 for the Union, 6 for the Employer), which are addressed in the Briefs. The parties, with the assistance of their nominees, were able to resolve a number of these issues after the opening statements. The parties shall incorporate their agreements into the collective agreement as necessary. [11] Only five issues remain in dispute requiring resolution by this Board. The following five issues remain in dispute
THE ISSUES. 5.1 The principal issue in this dispute concerned the meeting of 25 September. It was common ground that Sellers had delivered only about 1,200 metric tons and that they were unable to deliver the balance 3,800 metric tons at the contract price of US$225.00 per metric ton. What was in dispute was how the parties had resolved to deal with this balance.
5.2 Mr Y1’s Statement was supported by Sellers’ Mr X0. Mr Y1 explained that the harvest was late because of weather problems, and there were no stocks which they could obtain to supply to Buyers at US$225.00 per metric ton. The market, at that time, was US$10 – US$15.00 per metric ton higher. In Mr X0’s version, the parties discussed this problem at the meeting, and Xxxxxx undertook to revert on the following Monday, but did not do so.
5.3 Buyers provided five statements. Those of Mrs X0, Mr X0 and Xxxxxx’ lawyer who all attended the meeting on 25 September. Mrs X0’s husband and Mr X0 also gave Statements but did not attend the Meeting . The Statements supported each other, with only minor differences.
5.4 Mrs X0 denied that there was a shortage of supply owing to late harvest and denied that it was agreed that Xxxxxx would propose a new price. In her recollection, it was Xxxxxxx who would do so.
5.5 Sellers contended that Mr Y1’s Statement was to be preferred. Firstly, there was independent evidence to support their contention that the harvest was delayed. They provided a copy of Oil World Flash of 17 September 2004 which stated that “Harvesting is delayed in all the four countries [Russia, Ukraine, Romania, Bulgaria] (due to too wet conditions), and the yields obtained so far were below expectations.” Secondly Buyers’ lawyer, had not challenged Mr X0’s Statement on this matter.
5.6 If Mr Y1 were to be preferred on this subject, then his recollection should also be preferred in respect of which of the two parties was to revert with a proposal for the delivery of the balance 3,800 metric tons.
5.7 Sellers contended that, as Xxxxxx were expected to make a proposal for the balance, then it was understood that Xxxxxx were no longer insisting on delivery by 15 October. If Xxxxxx wanted to hold Sellers in breach, then the Buyers were obliged to give Sellers a reasonable opportunity to perform but Buyers did not do so. Therefore, when Xxxxxx held Sellers in breach on 27 October, they were themselves in repudiatory breach.
5.8 In respect of the date of default, Sellers contended that there was no obligation to wait ...
THE ISSUES. The Court had to determine the primary issue as to whether the operative circumstances which led to the termination of the Claimant’s contract could be viewed as falling under the rubric of “unforeseen changes in the UTT’s operational requirements” as referenced in the 2016 contract.
THE ISSUES. The following issues have been specifically identified as necessitating a common and joint approach to future boundary readjustments between Hamilton City and Waikato District.
