Sentences with phrase «considerations of fairness»

Redundancy situations are extremely difficult for both employer and employee, involving considerations of fairness, procedure, notice, redundancy law, and sometimes tax on redundancy payments.

When confronting environmental challenges, considerations of fairness, equity, and justice must also inform any successful international agreement.

Liberals are moved by equality, by gap closing, by issues of race, gender, discrimination and civil rights, and by considerations of fairness — for groups, for individuals, for both children and educators.

But how do considerations of fairness affect voter responses to government opportunism?

By contrast, the application and consideration of fairness in relation to co-habitees is limited in scope to the parties» course of dealings in relation to the property (ie restricted by property law principles).

The claimant's investigation might involve consideration of the fairness of the structure of the pricing regime but that was very different from an assessment of the overall «adequacy» of the benefits to a bank from operating it.

-- Consideration of the fairness of assuming or refusing jurisdiction is a necessary tool in assessing the strengths of the connections between the forum and the plaintiff's claim and the defendant.

● However, the charge applied by banks for an unauthorised overdraft is not «the price or remuneration» for the service within Regulation 6 (2)(b), and so is not exempt from any consideration of fairness.

Not exact matches

BofA Merrill Lynch is acting as financial advisor to Loblaw for purposes of this transaction and delivered an opinion to Loblaw's Board of Directors as to the fairness, from a financial point of view, of the consideration to be paid by Loblaw in the transaction.

Other important considerations around fairness must also be addressed, such as whether to provide charge - free access options or routes to ensure accessibility and inclusivity, whether to charge individuals a congestion fee for driving where alternative modes of transportation are not available (e.g. the lack of public transit in rural areas), whether the charge for commercial and private vehicles differs or not, and whether individuals living further away from urban areas and thus travelling further distances should face a higher charge than individuals living in urban areas.

When we bring forward proposals to change the blanket approach to retention, we will give particular consideration to those aged under 18, and to how the protection of the public can be balanced with fairness to the individual.»

So the government maintains the holding position that it is considering the amendments from peers - and in fairness it would not normally bring them back to the Commons within days of the Lords third reading - but the consideration could go on for quite a while.

Absent a national law and with consideration for small businesses to prevent staffing shortages, this should be adopted as a matter of basic fairness.

Indeed, the fact that Standards for Educational and Psychological Testing (AERA, APA, & NCME, 2014) opens with the first three chapters focused on the foundations of validity, reliability and fairness underscores the importance of consideration of these elements in all assessment.

The plan must be developed with careful consideration of available data and subsequent issues of fairness and it should allow for the participation of all teachers, not only those in tested grades and subjects.

Encourage all levels of educators and standardized assessment creators to abide by «fairness and equity considerations».

RBC does not express any view on, and RBC's opinion does not address, the fairness, from a financial point of view, of the consideration offered by MediciNova.

As a result the international community is not likely to respond with sufficient urgency and ambition unless greater awareness of the policy implications of the need to live within a carbon budget at levels required of nations because of equity and fairness considerations.

The above illustration prepared by the Global Commons Institute shows that even if only one equity consideration is taken into account, in this case per capita fairness, the USA ghg emissions reductions must be much faster than the rest of the world.

Although there is a difference of opinion in the «equity» literature about how to consider valid equity considerations including per capita, historical emissions levels, and the economic capabilities of nations to fiance non-fossil energies, all nations agree that national commitments about ghg emissions reductions must consider fairness.

This revisionist approach towards competition law expands the scrutiny beyond notions of consumer welfare standards into non-traditional economic considerations like fairness, underemployment, income inequality, wealth concentration and broader social contexts.

While the content necessary to satisfy the duty of procedural fairness varies from case to case, it may require that the affected individual be given an opportunity to respond or to submit evidence for the decision - maker's consideration.

In the spirit of fairness, surely consideration should be given to reducing the rate of Inheritance Tax and tapering the percentage according to the value of the estate.

(i) It is at the exit of the marriage and the division of family assets that consideration of compensation arises but as a feature of the concept of fairness rather than a head of claim in its own right.

To the extent that the costs incurred in providing an oral hearing is a consideration of relevance in determining the content of procedural fairness, those costs in the present area of government decision - making could well be considerable (para. 15).

Yet fairness to the participants in the administrative process surely suggests they should be able to make submissions in full light of the considerations the decision - maker will take into account; all relevant evidence and interpretive positions should be on the record in the proceeding (however informal), not magicked up after the fact.

The law with respect to the minimum standards of procedural fairness is not settled, and there is sparse consideration of the way Bill 132 will be applied.

Davis Polk is also advising FormFactor with regard to its request for a qualification permit and a fairness hearing from the California Department of Corporations in order to rely on the exemption from registration afforded by Section 3 (a)(10) of the Securities Act of 1933 for the issuance of the stock consideration.

The important consideration in determining whether a tribunal has been «established by law» is not whether it was pre-established or established for a specific purpose or situation; what is important is that it be set up by a competent organ in keeping with the relevant legal procedures, and should that it observes the requirements of procedural fairness.

The division can vary, however, depending on considerations of equity and fairness.

US District Judge Lynn Adelman (ED Wisc): «Booker does two things that will lead to a more just system: (1) it restores federal judges to a meaningful role in the sentencing process; and (2) it makes clear that fairness in sentencing requires consideration of factors other than reducing sentencing disparities.»

Going further, the Court of Appeal indicated that, as per the decision in Mehedi v. 2057161 Ontario Inc., 2015 ONCA 670 (CanLII), at para. 20, the Sagaz test necessarily «includes considerations of finality, the apparent cogency of the evidence, delay, fairness and prejudice» and that an appellate court must consider the importance of deferring to trial judges, who are «in the best position to decide whether, at the expense of finality, fairness dictates that the trial be reopened».

If fairness means that claims are properly considered, I found instead a practice of denying claims outright, without consideration.

But the bright line consideration is the overall fairness of the trial.

There are two additional reasons — not intrinsic to retributive theory per se but re-lated to the fairness considerations that animate retributive justice nonetheless — to ensure that plaintiffs don't enjoy windfalls through awards of retributive damages.

impact on the accused from delay in proceedings, particularly if the accused is in custody; · conduct of counsel, e.g. if counsel gave reasonable notice to the accused to allow the accused to seek other means of representation, or if counsel sought leave of the court to withdraw at the earliest possible time; · impact on the Crown and any co ‑ accused; · impact on complainants, witnesses and jurors; · fairness to defence counsel, including consideration of the expected length and complexity of the proceedings; · the history of the proceedings, e.g. if the accused has changed lawyers repeatedly.

It is the relationship of these and other material considerations to the nature of the particular decision which will determine whether or not fairness demands reasons.»

And in fairness, the amount of people that are looking for a decent phone to take the shots of themselves in places is increasing rapidly and is fast becoming a primary consideration when purchasing a new smartphone.

The new SOA is part of the SRA Program and follows the same guiding principles; educational consideration, fairness, transparency, sustainability and flexibility, accountability, school level decision making and transitional fairness.

The court also noted three considerations: (1) the gravity of the harm inflicted by non-disclosure; (2) the fairness of imposing a duty of discovery on the buyer as an alternative to compelling disclosure; and (3) its impact on the stability of contracts if rescission is permitted.