Sentences with phrase «fairness requirement»

In particular there are questions about whether the acquisition of property on just terms include some procedural fairness requirement.

The fairness requirement is tricky.

It seems to me that the fairness requirement must be addressed by recognizing that perfect fairness is impossible and that eliminating burdens for some will often impose burdens on others and by focusing on how to practically mitigate unfair burdens.

Were these provisions to become law, they could result in some states, legislatively, providing one level of care or protection to some of their citizens and a different level to others — which, could violate the equal protection and fairness requirements of the Fifth and Fourteenth Amendments to the Constitution.

Some have come up with ways to add fairness requirements into machine - learning systems.

In other professions, governing legislation may make no explicit mention of procedural fairness requirements for complainants.

In 2014, however, a Nova Scotia court confirmed that procedural fairness requirements are less at the screening stage than at the disciplinary stage, and that inquiry committees are entitled to deference when they decide to send a matter to a hearing, in Levesque v. Nova Scotia College of Optometrists, 2014 NSSC 22.

assuring compliance with statutes and procedural fairness requirements by regulatory bodies, and seeking court review where necessary,

relaxation of procedural fairness requirements in relation to the withdrawal of recognition and reduction of representative body areas (item 25);

Not exact matches

But who doubts that in the era of globalisation, we need to think hard about how we reconcile the principle of free movement of people with perceptions of fairness and the requirement to sustain our welfare states?

«The procedural safeguards in the bill fall well short of the minimum requirements for fairness and are insufficient to prevent breaches of the right to a fair hearing occurring in practice,» the committee found.

In fairness, the details of how one calculates back - up capacity requirements for wind generators in power grids of various compositions are quite complicated.

To ensure fairness in the open, diverse community, a complex bureaucratic structure becomes essential, but students come to resent the requirements that are imposed, which they see as inflexible and onerous.

The Boston - based Pioneer Institute (which, in fairness, has made its opposition to the common core well known) estimates a cost of $ 6.87 billion for technology to bring schools up to par with the requirements of common core assessments.

Your credentials, interview, portfolio / work samples, and writing sample will be assessed using criteria and an Applicant Selection Rubric designed to ensure consistency and fairness in the admissions process, and the selection of applicants who demonstrate the potential to successfully complete NJ EXCEL Program requirements and become effective school leaders.

That is, we need to reposition publishing as the engine of the engagement economy; • We need rules, a set of principles that are based in fairness and recognize that we have to balance current requirements with some, perhaps many, future unknowns; • We need feedback, a shared way to model new approaches, test assumptions and make decisions based in fact; and • We need a hook, a reason to collaborate

And so as a matter of international law under the Paris Agreement, national commitments to reduce ghg emissions must be based on achieving a warming limit as close as possible to 1.5 degrees C but no greater than 2 degrees C, a requirement often referred to as the level of «ambition» but national commitments also must be based on «equity» or «fairness.»

However, if high - emitting nations take the «equity» and «fairness» requirement seriously, they will need to not only reduce ghg emissions at very, very rapid rates, a conclusion that follows from the steepness of the remaining budget curves alone, but also they will have to reduce their ghg emissions much faster than poor developing nations and faster than the global reductions curves entailed only by the need to stay within a carbon budget.

However, the requirements of fairness will vary with the circumstances of each case.

As indicated, the ingredients of the basic requirement of procedural fairness (that a person has a fair opportunity to address the issues and the case against him) will vary having regard to the circumstances.

The law places unreasonable and unworkable requirements on vehicle manufacturers that allows lawyers like self - proclaimed «Lemon Law King» Vince Megna to win outsized awards that have no nexus to fairness or the underlying goals of the law.

70 While the principles of fairness and flexibility have informed the modern approach to the application of proprietary estoppel, as adopted by this Court in its jurisprudence (see Idle - O Apartments Inc. v. Charlyn Investments Ltd., 2014 BCCA 451 (B.C. C.A.) at para. 49; Sabey v. von Hopffgarten Estate, 2014 BCCA 360 (B.C. C.A.); Scholz v. Scholz, 2013 BCCA 309 (B.C. C.A.) at para. 31; Sykes v. Rosebery Parklands Development Society, 2011 BCCA 15 (B.C. C.A.) at paras. 44 - 46; Erickson v. Jones, 2008 BCCA 379 (B.C. C.A.) at paras. 52 - 57; Trethewey - Edge Dyking (District) v. Coniagas Ranches Ltd. [2003 CarswellBC 657 (B.C. C.A.)-RSB- at paras. 64 - 73; Zelmer v. Victor Projects Ltd. (1997), 34 B.C.L.R. (3d) 125 (B.C. C.A.) at paras. 36 - 37), there remains a necessary balancing between an overly broad application of the doctrine under the general guise of «unfairness» and an overly narrow application of the doctrine that places excessive weight on the technical requirements of the doctrine.

The requirements of procedural fairness are variable and case - specific.

Another perspective demands the same conclusion: when an effective decision maker is empowered to give directions to the employer the requirement of procedural fairness on the part of the employer of the office holder must apply to the effective decision maker too.

The contents of the requirements of procedural fairness may be affected by what is said or done in the course of the decision - making process.

The essence of this requirement is, as with all of the principles applicable to proper consultation, fairness, and what fairness demands will depend upon the particular facts of the case: see, for example, R v Secretary of State for Education, ex parte M [1996] ELR 162 at 206 — 7, in which Lord Justice Simon Brown warns of the need to avoid a «mechanistic» approach to the requirements of consultation.

That comes as little surprise given the court's emphasis on the fact - specific nature of the assessment of the requirements of fairness.

Beyond the principle of fairness, I would argue that this review of licensing requirements ought to also consider the «access to legal services» dimension of access to justice more directly.

Beyond overlooking the full range of potential barriers to substantive fairness of existing or revised licensing examination requirements, the Dialogue materials also omit mention of the long - standing but little acknowledged concerns about unethical, discriminatory and exploitative conditions of work in articling.

These powers may bring with them stringent requirements of procedural fairness, including a higher requirement of independence...

Where these two requirements are satisfied, liability may be imposed even though the «but for» test is not satisfied, as it otherwise would offend basic notions of fairness and justice to deny liability by the rigid application of the «but for» test.

Measures to increase fairness in appointing arbitrators, including the requirement for arbitrators to sign and submit statements showing their acceptance, impartiality and independence, and the changes in the parties» choice of arbitrators from appointment to nomination.

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.

In concluding that it was not permissible to rely on information publicly available elsewhere, Lord Sumption stated that he was influenced by the deliberate drafting of section 393 FSMA with regards to fairness and the requirement for the material identifying the individual to come from the notice itself, as well as concern over the impact on the FCA's effectiveness if section 393 were to be interpreted differently.

In this case, the requirements for fairness and communication are even stricter than with a standard Patent Assignment.

«While the eligibility of a particular candidate appointed could have potentially come before the Supreme Court (which indeed in the end it did), simply reminding officials of the requirements of applicable law would not in the ICJ's view constitute «a comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process» (as expressed in Principle 2.4 of the Bangalore Principles,» he added, referring to the Bangalore principles of judicial conduct.

Once the requirements of reg 4 (9) have been satisfied, the tribunal will turn to the reason for dismissal and the fairness of the dismissal.

As Annis J. put it in David v. Canada (Attorney General), 2014 FC 358, where the question was «whether the acknowledged requirement of thoroughness of an investigation by the Commission is to be considered as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53),

Because we believe that employers and employees should treat each other with honesty and fairness, we regularly provide our corporate clients with preventative advice to help them comply with legal requirements and avoid costly litigation.

Procedural fairness: No review of regulatory law is complete without covering developments on the ever - present requirements of procedural fairness.

2012 was, however, a year when courts emphasized in various contexts the need for regulators to be increasingly sophisticated, by dealing with less obvious but nonetheless binding external requirements, such as Charter rights and human rights, as well as with «internal» procedural fairness rights, and a possible need for health regulators in BC, at least, to deal with single - instances of «negligent» conduct as an aspect of competence.

La Financière exercised its contractual powers in accordance with the requirements of good faith and contractual fairness, and it was open to La Financière in fixing the compensation payable to choose to link the amounts they had received under two federal financial assistance programs collectively.

The court below correctly concluded, however, the decision of the Council had to be set aside as not being in accord with the requirements of procedural fairness and natural justice, and a new hearing ordered.

That power is also defined by the applicable law and requirements of equality and fairness that underlie the arbitration process.

In those exceptional cases where these two requirements are satisfied, liability may be imposed, even though the «but for» test is not satisfied, because it would offend basic notions of fairness and justice to deny liability by applying a «but for» approach.

In addition, EPS also argued that the Adjudicator breached the requirements of procedural fairness [ibid, para 12].

We first examined the general rules of disclosure and the requirements of procedural fairness (click here).

It is a requirement... of elementary fairness.»

It is even clearer that «fairness and justice» is a third precondition for the use of Resurfice material contribution; «fairness and justice» is not established merely by satisfying the impossibility and ambit of risk requirements; and it seems the plaintiff has the onus of proof on the fairness and justice requirement, too.

In all fairness, the refund requirements are listed in the fine print, but they are not acceptable to most clients and sadly they often don't read them before buying.