Sentences with phrase «apply objective standards»

We apply objective standards in the rules all the time.

In Smith v. Viking Helicopter1 the Ontario Court of Appeal emphasized that the courts will apply an objective standard when determining whether an employee was constructively dismissed.

When applying an objective standard, the court determines whether a reasonable third person would consider the employee to have been constructively dismissed as a result of the employer's unilateral actions.

Another sometimes challenging example is where a trial judge applies an objective standard to resolve a trial and the appeal centers on the application of that standard.

When applying an objective standard the court will consider whether a «reasonable» third person in the same situation as the employee would consider the change so significant that it fundamentally altered the employment relationship.

These decisions do not adhere to the rigid step by step review of the factors above, but instead, consider the specific facts, apply an objective standard, and decide whether it would have been reasonable for the employee to accept re-employment.

Not exact matches

See Section VIII (d) of the BIC Exemption As set forth in the preamble to the BIC Exemption, 81 FR at 21028 (April 8, 2016), this definition «incorporates the objective standards of care and undivided loyalty that have been applied under ERISA for more than forty years.»

You have to have an objective standard that is applied to everyone, otherwise you violate the Equal Protection Clause of the Constitution.

Rather than relying on earwitness testimony, the forensic musicologist should apply standards that should, so to speak, stand up in court, the scientists note: «The comparisons typically would involve structured categorizations for «objective» melodic, harmonic and rhythmic analyses, applied to both foreground and accompaniment elements.»

So rather than try to engineer our way around that, Slated designed its process to harness that subjectivity by applying the same set of rigorous standards to the way readers assess every script, based on the same objective criteria that buyers and reps themselves use to judge material.

«The objective is to apply state education clauses as a mandate to better ensure that high - need programs possess the means to provide all students with adequate opportunity to achieve to at least the minimum standards.»

Teachers plan units and lessons by breaking down the standards into objectives, always focusing on student understanding first and then moving to apply the skills.

(A) The term and principal amount of the loan; (B) An explanation of the type of mortgage loan being offered; (C) The rate of interest that will apply to the loan and, if the rate is subject to change, or is a variable rate, or is subject to final determination at a future date based on some objective standard, a specific statement of those facts; (D) The points and all fees, if any, to be paid by the borrower or the seller, or both; and (E) The term during which the financing agreement remains in effect.

The WUSV objective is to ensure a uniform breed standard applies across its member organisations and more specifically; Harmonisation of assessment of German Shepherd Dogs in breed and performance Provide clarity of direction regarding breeding, training, upbringing, temperament, character and control of hereditary diseases.

Its objectives must be to: - protect under 18s; - apply generally accepted standards to the contents of TV services; and - provide adequate protection to the public against the inclusion of offensive and harmful material.

Membership is extended only to a select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4 - 7.

-- break and enter: John Doe, [2007] B.C.J. B.C.J. No. 2111, 228 C.C.C. (3d) 302 (B.C.C.A.), acquittal set aside, new trial ordered; accused testified that he had been fasting in the woods for 60 days when he entered the house to be warm and to eat; the trial judge erred by not correctly applying the modified objective test to the first two components of the defence of necessity — the existence of an imminent peril or danger and the absence of any reasonable legal alternative, had to be assessed on a modified objective standard; the trial judge erred by failing to determine whether the accused's perception of his situation, and the absence of any lawful alternatives, had an objectively reasonable foundation; the verdict would not necessarily have been the same had the trial judge properly applied the law on the defence of necessity.

The defence applies only where the action meets the proportionality test; the harm avoided must be more serious than the harm caused by the act in question (measured according to an objective standard).

This is normally done by applying the standards of article 52 (1) of the Charter, which provides that the limitation of a right must be provided for by law and must meet the requirement of proportionality, i.e. it must be necessary and must meet objectives of general interest (par.

Reasonably is an objective standard applied by the courts as to what a reasonable person in the defendant / plaintiffs position would do and depends on the state of statute law, case law and community law of the time.

Membership is extended to the select few of the most qualified top divorce lawyers in New York who demonstrate superior qualifications of leadership, reputation and stature measured by objective and uniformly applied standards.

The main objective of the project is to raise awareness among Aboriginal communities, and broader Canadian society, of the standards set out in the UN Declaration and how to apply these standards in Canada.

If the appeals in OBG and / or Mainstream had succeeded, then liability in economic tort would thereafter have depended not upon proof of a subjective intention to break contracts but upon some objective standard similar to that applied under the law of negligence.

The notion of an «authorisation or qualification» suggested some kind of objective standard which the qualifying body applied, an even - handed, not to say «transparent», test which people might pass or fail.

It alleges that the motion judge reversed the onus of proof by requiring the appellant to establish that an action would have been appropriate when the allergic symptoms first appeared in 2010 and also that she applied a subjective rather than objective standard to the determination of when a proceeding would be an appropriate means to seek to remedy the injury, loss or damage.

The objective is none other than sharing practices and creating reference standards and architectures based on the Ethereum platform, to apply them to the corporate world.

Each job you apply for should have its own unique resume — it may be 99 % the standard content but have a unique objective or personal statement that talks directly to the company or role.

The teacher resume objective statement will have to be modified according to the class or standard one has applied for.

Standard career advice dictates that you should create a new resume objective for each position you apply for.