Sentences with phrase «arbitration decisions»

It is literally a textbook or checklist for the interpretation of contracts and the review of arbitration decisions.

He has substantial trial experience, having tried more than 25 matters to verdict, final judgment, or final arbitration decision.

And, big picture, arbitration decisions do not contribute to the incremental development of the common law.

Because arbitration decisions are typically not disclosed and not subject to appeal, consumers and workers are left without recourse and must bear the cost of unfair, deceptive and harmful practices.

While most formal arbitration organizations do have some appeal options, most arbitration decisions are binding.

Publication of arbitration decisions allows for more transparency and provides a body of law which — while not binding on other tribunals — facilitates resolution of similar cases.

Customers are notified of arbitration decisions as a courtesy.

Canadian appeal courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties» dispute.

This marked the first reported arbitration decision on random testing since the Supreme Court of Canada weighed in on the issue with its Irving Pulp decision.

In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penalty.

Hi, I am looking for arbitration decisions involving dismissal due to absenteeism, and if possible where the absenteeism involves addiction.

Instead, an employer or union will be required to apply to the Labour Relations Board if they wish to have labour arbitration decisions reviewed.

To some, the Suncor arbitration decision appeared to slam the door shut against random testing.

The Buyer's Representative filed a lawsuit challenging the decision of the arbitration panel, and the trial court upheld the Board's arbitration decision by dismissing the lawsuit.

Even so, we believe strongly that Judge Doty's order is incorrect and fundamentally at odds with well - established legal precedent governing the district court's role in reviewing arbitration decisions.

Supervisor Howard Phillips cites the fact that this year the town is caught between more mandated costs from the state and county, and a potentially costly decision from a binding arbitration decision with the Police PBA.

He said his decision might be different if Trump had sought an emergency arbitration decision before the hotel owners successfully petitioned the Panamanian courts for help.

Appeals from commercial arbitration decisions are narrowly circumscribed under the Arbitration Act.

A recent grievance arbitration decision, Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees Union («Fanshawe College»), provides valuable guidance to employers on what is — and what is not — considered workplace harassment.

Similarly, the Court of Appeal held that the final arbitration decision made without notice to the sellers was appealable because it also was a final decision, and because it was unfair and occurred without the sellers having an opportunity to respond to the allegations made against them.

Further down the road, Gavelytics will also add selected arbitration decisions issued by arbitrators in California.

Annex 3 contains recent BIT arbitration decisions which impact upon key concepts.

It is argued that a consistent and predictable approach to the defence of necessity in investment arbitration decisions is possible, through which a better balance of investor protection and state sovereignty could be achieved.

As well, the arbitrator's decision is silent with respect to the many arbitration decisions over the last decade or so which stand for the proposition that in safety - sensitive workplaces, the employer need not advance proof of an actual drug problem before adopting drug testing policies (which are of course far more intrusive than the use of drug sniffing dogs).

This grievance arbitration decision clarifies that a finding of workplace harassment will only be made after an objective assessment of the impugned conduct in light of the circumstances of the particular work environment.

«This blawg provides recent news on all sorts of interesting arbitration decisions nationwide and does so accurately, intelligently, concisely and with a sense of humor and, sometimes, savvy political commentary.

The Tribunal found that the Johnstone test, which in the 2015 labour arbitration decision Ontario Public Service Employees Union (Bharti) v. Ontario (Natural Resources and Forestry) was applied in the context of eldercare, «imposes an unduly onerous burden on applicants» by requiring them to show that their legal responsibility for their children (or parents, in the case of eldercare) is impacted by the impugned workplace rule.

The recent arbitration decision Alberta v. Alberta Union of Provincial Employees (Privacy Rights Grievance) confirms that employers may be liable to pay damages to affected employees for a breach of privacy committed by an investigator, even if the employer did not condone the breach and took immediate remedial measures upon discovery of the breach.

I research, write, and edit arbitration decisions and awards, so that arbitrators can spend more time hearing evidence and deciding cases.

Divided Supreme Court of California expands availability of judicial review of legally erroneous arbitration decisions in employment discrimination cases: You can access today's 4 - 3 ruling of California's highest court at this link.

In British Columbia, for example, ICBC publishes arbitration decisions related to underinsured motorist protection claims.

Instead, Laura was suing her brother, alleging that he had refused to pay her nearly $ 800,000 as a 2014 arbitration decision stipulated.»

In the context of a grievance over the termination of a unionized truck drive, the United Food & Commercial Workers Union, Local 1518 (the «Union») argued that grievors and witnesses» personal information could only be disclosed in arbitral awards with those individuals» express consent, raising concerns about increased opportunities for misuse of such personal information in light of widespread accessibility of arbitration decisions on the internet.

Binding arbitration generally allows for much more irrelevant evidence to be admitted, and binding arbitration decisions can not generally be overruled on the grounds that the arbitrator failed to follow the law or completely screwed up in understanding the facts.

Among those who can afford the fees, many learn they can not enforce their legal rights because arbitration decisions do not need to be based on the law; arbitrators have their own procedures, and some studies have found that they are systematically biased in favor of the companies that hire them.

One difficulty with finding labour arbitration decisions is a lack of uniformity in the style of cause; sometimes the union's name may be fully spelled out, other times it may be abbreviated, or it may be omitted altogether and the name of the griever used.

Zamfirescu Racoti & Partners has secured a final arbitration decision from the International Chamber of Commerce Paris, which partially accepted a case brought by Societatea de Administrare a Participațiilor in Energie (SAPE) against Enel Investment Holding B.V. and Enel S.p.A (Enel).

It took about two years for the first arbitration decision to be made and then just over a year and a half for the Court of Queen's Bench to make its decision.

The recent decision of the British Columbia Court of Appeal in Creston Moly Corp. v. Sattva Capital Corp., 2012 BCCA 329 (CanLII) offers an object lesson in how the courts may still be too eager to review arbitration decisions and may even get the result «wrong» in situations where the arbitrator actually «got it right».

We also expect the number of disputes submitted to arbitration to grow, given the increasing delay of decisions from the judicial courts against the relative promptness of arbitration decisions.»

In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees» Union, Arbitrator John Sanderson, Q.C. upheld a grievor's dismissal for non-culpable or innocent absenteeism because he failed to show he could attend at work regularly in the foreseeable future and the accommodation process was exhausted.

Canaccord Genuity Analyst Mike Walkley called the arbitration decision «surprising» in a research note, adding that it will help bolster BlackBerry's balance sheet as it pivots to focusing on software for future growth.

But she also claimed that «the case has already been won in arbitration» — though, as CNN pointed out, no arbitration decisions were final.

In the proposed budget the town has set aside $ 550,000 for any pay increases that may result from the arbitration decision.