The Right to Appeal Sample Clauses

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...
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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 ManagerHuman 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.

Related to The Right to Appeal

  • Right to Appeal Notwithstanding a determination by any forum listed in Section VI.D above that the Indemnitee is not entitled to indemnification with respect to a specific Proceeding, the Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending, or to any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification pursuant to this Agreement. Such enforcement action shall consider the Indemnitee’s entitlement to indemnification de novo, and the Indemnitee shall not be prejudiced by reason of a prior determination that the Indemnitee is not entitled to indemnification. The Company shall be precluded from asserting that the procedures and presumptions of this Agreement are not valid, binding and enforceable. The Company further agrees to stipulate in any such judicial proceeding that the Company is bound by all the provisions of this Agreement and is precluded from making any assertion to the contrary.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

  • Texas Law to Apply 12.01 This Agreement shall be construed and the provisions thereof interpreted under and in accordance with the laws of the State of Texas.

  • Right to Grieve Where an employee feels that she has been aggrieved by a decision of the Employer related to promotion, demotion or transfer, the employee may grieve the decision at Step 3 of the grievance procedure in Article 9 of this Agreement within seven (7) days of being notified of the results.

  • Your Right to Cancel You can cancel this Agreement by giving written notice to us within 5 business days of being handed a completed copy of this Agreement; or within 7 business days of receipt if the completed Agreement is emailed or sent to you electronically; or within 9 business days of the date the completed Agreement was posted to you (if applicable). Saturdays, Sundays and national public holidays are not counted as business days. You can physically give the notice to us or our employee or agent, post the notice to us or our agent or email the notice to our email address listed in these Commercial Terms. If you cancel this Agreement, you must immediately repay the Loan and any interest accrued for the period starting on the day you get the Loan until the day you repay us in full (if relevant). You must also reimburse us for any reasonable expenses we have to pay in connection with this Agreement and its cancellation, including legal fees and credit report fees. This statement is only a summary of your cancellation rights and obligations. If you want more information, or if you think that we are being unreasonable in any way, you should seek legal advice immediately. WHAT CAN YOU DO IF YOU SUFFER UNFORESEEN HARDSHIP? If you are unable reasonably to keep up your payments because of illness, injury, loss of employment, the end of a relationship, or other reasonable cause, you may be able to ask us to vary the terms of this Agreement (we call this a Hardship Variation). To apply for a Hardship Variation, you need to:

  • Right of Appeal 13.1 If the Administrator:

  • Right to Participate The indemnified party agrees to afford the indemnifying party and its counsel the opportunity to be present at, and to participate in, conferences with all persons, including Governmental Authorities, asserting any Indemnity Claim against the indemnified party or conferences with representatives of or counsel for such persons.

  • Relation to Applicable Law The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the confidentiality of information shall be in addition to and not in derogation of any provisions of Applicable Law with regard to the confidentiality of information, including, but not limited to, 47 U.S.C. § 222, and are not intended to constitute a waiver by Verizon of any right with regard to protection of the confidentiality of the information of Verizon or Verizon Customers provided by Applicable Law.

  • Right to Cancel You have a right to cancel this Agreement for a period of fourteen (14) days commencing on the date on which this Agreement is concluded or the date on which you receive this Agreement (whichever is later) (the “Cancellation Period”). Should you wish to cancel this Agreement within the Cancellation Period, you should send notice in writing or electronically to the addresses found in contact us section of our website. Cancelling this Agreement within the Cancellation Period will not cancel any Transaction entered into by you during the Cancellation Period. If you fail to cancel this Agreement within the Cancellation Period, you will be bound by its terms but you may terminate this Agreement in accordance with Clause 17 (Termination Without Default).

  • Right to Audit During the term of this Agreement and not more than once per year (unless circumstances warrant additional audits as described below), Servicer may audit the Asset Representations Reviewer’s policies, procedures and records that relate to the performance of the Asset Representation Reviewer under this Agreement to ensure compliance with this Agreement upon at least 10 business days’ notice. Notwithstanding the foregoing, the parties agree that Servicer may conduct an audit at any time, in the event of (i) audits required by Servicer’s governmental or regulatory authorities, (ii) investigations of claims of misappropriation, fraud, or business irregularities of a potentially criminal nature, or (iii) Servicer reasonably believes that an audit is necessary to address a material operational problem or issue that poses a threat to Servicer’s business.

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