Common use of Appeals Process Clause in Contracts

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) Appeals may be filed based on the following criteria: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10) working days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY and the Compensation Office shall each prepare a written rationale within six (6) months of the appeal being initiated. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Parties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ YusApuY or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) Appeals may be filed based on the following criteria: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10) working days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY and the Compensation Office shall each prepare a written rationale within six (6) months of the appeal being initiatedrationale. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(sparty(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Partiesparties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ YusApuY or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) Appeals may be filed based on the following criteria: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10) working days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY and the Compensation Office shall each prepare a written rationale within six (6) months of the appeal being initiatedrationale. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(sparty(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Parties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) Appeals may be filed based on the following criteria: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10) working days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY and the Compensation Office shall each prepare a written rationale within six (6) months of the appeal being initiatedrationale. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Parties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) Appeals may be filed based on the following criteria: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides 3.1 Employees wishing to appeal a Joint Job Evaluation Committee’s decision, decision relating to their intent employment will be required to appeal must be submitted by email or written notification make a formal application in writing to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10) working days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified HR Manager within five (5) working days of the decision being notified to the Employee(s). The application shall detail their concerns with a decision(s), or outline the particular action or actions to which they object. The Employee may seek advice or assistance from a representative of their choice at any submitted appeal of a Joint Job Evaluation Committee’s decisiontime throughout the Appeals process. (f) YusApuY 3.2 The HR Manager will co-ordinate the process of convening the Appeals Panel for the relevant site and the Compensation Office Panel shall each prepare endeavour to meet as soon as practicable, or within five (5) working days after the receipt of the application from the Employee(s) concerned. 3.3 The Panel will appoint a written rationale within six Chairperson (6from the Panel) months who is fully conversant with the Appeals process. The Chairperson will be responsible for scheduling and chairing any subsequent meetings or interviews and maintaining all documentation associated with the conduct of the Appeals process. 3.4 The Appeal Panel will be responsible for investigating the basis of the appeal being initiated. and may interview the Employee(s) or manager(s) concerned to determine whether the appeal can be substantiated and what action may be required to resolve the matter. 3.5 The rationale shall be based only Appeal Panel will consider each appeal on the Job Evaluation Questionnaire its merits and related information submitted make recommendations as soon as practical in writing to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justificationSite Manager or nominated management representative. (g3.6 The Site Manager will review the recommendation(s) A Joint of the Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following processPanel and determine whether to: (ia) The Joint Endorse the recommendation(s) of the Appeals Committee shall have access to: all information provided Panel (b) Refer the recommendations back to the Joint Job Evaluation Committee(s); all documentation prepared Appeals Panel for further clarification or consideration prior to making a final decision (c) Implement alternative actions to resolve the matter (d) Uphold the original decision and take no further action 3.7 Once a final decision is made by the Joint Job Evaluation Committee Site Manager, the Chairperson of the Appeals Panel will be advised and written appeal rationale documentationthe Site Manager will then meet with the Employee(s) concerned (within 2 working days) to convey the outcome of the Appeals process. (ii) Based on all information provided3.8 In the circumstance where the appeals process is not resolved to the Employee’s satisfaction, the Joint Appeals Committee shall Employee may seek advice from an Employee representative to determine if there are sufficient grounds what other avenues may be available to assign a different level to finalise the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated managermatter. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Parties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) . Appeals may be filed based on the following criteria: (i) : The evaluation results are not consistent with the benchmarks, or (ii) or Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) or If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) . If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10O) working days of receipt of the Evaluation Report. (e) Incumbent(s), . the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY . and the Compensation Office shall each prepare a written rationale within six (6) months of the appeal being initiatedrationale. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) . A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) : The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) . Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) . The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) . Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Partiesparties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.

Appeals Process. (a) The incumbent(s)Any dispute between the Awarding Entity and the recipient/subrecipient/subgrantee concerning the terms or provisions of this Grant Agreement which constitutes a question of fact, and which is not disposed of by agreement, shall be decided by the Awarding Entity. In connection with any appeal proceeding under this clause, the designated manager, ▇▇▇▇▇▇▇ or recipient/subrecipient/ subgrantee shall be afforded the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) opportunity to be heard and to offer evidence in support of its appeal. Appeals regarding monitoring findings and/or enforcement actions may be filed based on the following criteriaappealed as follows: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 1. Within 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Reportfinal monitoring determination or notice of enforcement action, a written appeal may be made to the Executive Director of WorkLink WDB. (d) 2. The Executive Director will issue a written decision within 30 days. The decision shall be final and conclusive, unless the recipient/subrecipient/ subgrantee furnishes the Awarding Entity with a written appeal as outlined below. 3. If YusApuY or dissatisfied with the Employer appeals decision as set forth by the Executive Director, a Joint Job Evaluation Committee’s decision, it must written appeal may be submitted by email or written notification made to the Employer or YusApuY WorkLink Workforce Development Board (WDB) within ten (10) working 14 days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY and 4. The Chair will designate the Compensation Office shall each prepare a written rationale within six (6) months Executive Committee or an Ad hoc Committee of at least five WorkLink WDB members to hear the appeal. 5. The WorkLink WDB will hear the appeal being initiated. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make render a decision within three (3) months 60 days. 6. The recipient/subrecipient/subgrantee will be notified of the submission WorkLink WDB’s decision within 20 days. In connection with any appeal proceeding under this clause, the recipient/subrecipient/ subgrantee shall be afforded the opportunity to be heard and to offer evidence in support of its appeal. Pending final determination of a dispute, the recipient/subrecipient/ subgrantee shall proceed diligently with the performance of the Agreement and in accordance with the Awarding Entity's decision, unless the Agreement is otherwise terminated by either parties. The decisions of the WorkLink WDB (appointed committee) with a written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and appeal shall be final and binding on both Partiesconclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. When consensus is not reachedThe recipient/subrecipient/subgrantee shall notify the Awarding Entity in writing of any actions or suits filed and of any claims made against the Awarding Entity, then the appeal recipient/subrecipient/subgrantee or any of the parties involved in the implementation, administration and all operation of the programs funded through this Agreement. Appeal requests made to the WorkLink WDB must be submitted documentation shall be directed to a Labour/Management committee for binding resolution.in writing as follows: WorkLink WDB

Appeals Process. (a) The incumbent(s), the designated manager, ▇▇▇▇▇▇▇ YusApuY or the Employer, can appeal Joint Job Evaluation Committee decisions for existing positions. (b) Appeals may be filed based on the following criteria: (i) The evaluation results are not consistent with the benchmarks, or (ii) Extenuating circumstances, or (iii) A violation of Article 14 of the Collective Agreement. (c) If an incumbent and/or designated manager decides to appeal a Joint Job Evaluation Committee’s decision, their intent to appeal must be submitted by email or written notification to the Compensation Office within ten (10) working days of receipt of the Evaluation Report. (d) If YusApuY or the Employer appeals a Joint Job Evaluation Committee’s decision, it must be submitted by email or written notification to the Employer or YusApuY within ten (10) working days of receipt of the Evaluation Report. (e) Incumbent(s), the designated manager, YusApuY and the Employer shall be notified within five (5) working days of any submitted appeal of a Joint Job Evaluation Committee’s decision. (f) YusApuY and the Compensation Office shall each prepare a written rationale within six (6) months of the appeal being initiatedrationale. The rationale shall be based only on the Job Evaluation Questionnaire and related information submitted to the Joint Job Evaluation Committee and shall identify criteria for appeal, the evaluation factor level(s) the Party(s) is appealing/responding to, and the recommended evaluation factor level(s) with supporting justification. (g) A Joint Appeals Committee shall consider an appeal of an evaluation decision made by a Joint Job Evaluation Committee based on the following process: (i) The Joint Appeals Committee shall have access to: all information provided to the Joint Job Evaluation Committee(s); all documentation prepared by the Joint Job Evaluation Committee and written appeal rationale documentation. (ii) Based on all information provided, the Joint Appeals Committee shall determine if there are sufficient grounds to assign a different level to the appealed factor(s), or confirm the factor level(s) assigned by the Joint Job Evaluation Committee. If the Joint Appeals Committee determines that clarification of submitted information is required, the Committee shall interview the incumbent and the designated manager. (iii) The Joint Appeals Committee shall have the right to override any evaluated factor established by the Joint Job Evaluation Committee. (iv) The Joint Appeals Committee shall make a decision within three (3) months of the submission of the written rationales per Article 14.08(f). (v) Joint Appeals Committee decisions shall be made by consensus and shall be final and binding on both Parties. When consensus is not reached, then the appeal and all submitted documentation shall be directed to a Labour/Management committee for binding resolution.