The Right to Appeal. A claimant may under cl 15 have the right to appeal against a decision of the MIB. For instance, where a claimant believes that his claim does fall within the scope of the Agreement and the MIB disagree, or where the compensation awarded by the MIB does not include interest and legal costs and so on, an appeal process should exist to an independent body. Unlike the 2003 UtDA, under the 2017 Agreement, the MIB must take into account interest and legal costs when issuing an award, which is a positive step in reducing the negative effects on third-party victims seeking redress under the UtDA. It is nevertheless, limited. The right of appeal, under this Agreement, must be made to an arbitrator within the six weeks of the MIB’s notification of its decision. Failing to comply with this criterion may result in his right of appeal being rejected. Furthermore, the appeal is based on written submissions which means it may lack the effective consideration of other legal sources such as the MVID as well as the judgments of the CJEU. However, unlike the UDAs (1999 & 2015) or the previous UtDA 2003, either party (a claimant or the MIB) can request an oral hearing, and where it takes place, the MIB is charged, at its own cost, to arrange the hearing. Furthermore, a claimant can under this Agreement decide to be represented by a lawyer and call witnesses.40 However, the oral hearings may have some negative consequences that prevent a claimant from seeking this route of remedy. Although generally the arbitrator’s fee is to be paid by the MIB, the arbitrator has the right to permit the MIB to recover such fees from the claimant or his representative if, for instance, the arbitrator believes that written submissions were sufficient to decide on this matter (with no grounds for appeal). It is perhaps understandable to have such orders against the claimant in cases of fraud, but how and based on what matters the arbitrator can decide that the oral hearing or the appeal was unnecessary is contentious and would not necessarily be readily obvious to a litigant in person who does not have access to legal advice. Further, the claimant has no automatic right to appeal against the arbitrator’s decisions. Such practices contradict the MVID’s aim to protect third-party victims as to require them to bear the cost of procedural matters when seeking justice. This may also breach the principle of equivalence and effectiveness as the case would be dealt with differently had the unidentified...
The Right to Appeal. 5.1 An employee can appeal the decision to reject a request for approval to apply for a secondment on the following grounds: If there is new information that was not available to the employer at the time it made its original decision. To challenge a fact that the Head Teacher has stated to explain why the business reason applies. If the teacher believes the secondment request was not handled reasonably or otherwise in accordance with this agreement.
The Right to Appeal. The teacher can appeal the decision to refuse their secondment request on the following grounds: If there is new information that was not available to the employer at the time they made their original decision. To challenge a fact that the Head Teacher has stated to explain why the business reason applies. If the teacher believes the secondment request was not handled reasonably in line with this agreement. Appeals are an important stage in the process to alleviate any ill feelings and allows for further discussion or explanation to take place – possibly avoiding a potential future grievance Teachers have the right to be accompanied at the appeal hearing by a work colleague or trade union representative The appeal procedure is set out as follows: Teachers to complete and submit the Appeal Notification within 14 calendar days of receiving written confirmation of the outcome of their secondment request. The appeal must be sent to a more senior manager (for example: Executive Manager or Director). Senior manager to meet with the employee within 14 calendar days of receiving the appeal. Employee is informed of the decision in writing within 14 calendars days of meeting with the senior manager. If the appeal is dismissed, the written outcome must include: the grounds for the decision; and an explanation as to why the grounds for refusal apply in the circumstances.
The Right to Appeal. The employee can appeal the decision to refuse their secondment request on the following grounds: • If there is new information that was not available to the employer at the time they made their original decision. • To challenge a fact that the Head Teacher has stated to explain why the business reason applies. • If the employee believes the secondment request was not handled reasonably in line with this agreement. Appeals are an important stage in the process to alleviate any ill feelings and allows for further discussion or explanation to take place – possibly avoiding a potential future grievance. Employees have the right to be accompanied at the appeal hearing by a work colleague or trade union representative The appeal procedure is set out as follows: • Employee to complete and submit the Appeal Notification within 14 calendar days of receiving written confirmation of the outcome of their secondment request. The appeal must be sent to the Director – Children’s Services. • The Director and Executive Manager – Human Resources (or nominees) will meet with the employee within 14 calendar days of receiving the appeal. • Employee is informed of the decision in writing within 14 calendars days of meeting. • If the appeal is dismissed, the written outcome must include: the grounds for the decision; and an explanation as to why the grounds for refusal apply in the circumstances.
