Sentences with phrase «in statutory rules»

A particular policy judgment might entail the acknowledgement that there is not, in fact, absolute consensus as to what «policy as a whole» is, and clarification from the bench as to precisely how the sentence is believed to reflect prior public policy formulations captured in statutory rules and guidelines.

Not exact matches

Uber has lost its appeal against an employment tribunal ruling in the U.K. that said it has to give its drivers workers» benefits, such as a the minimum wage and statutory holiday pay.

Despite the mass resignations, TIM's statutory auditors included Elliott's proposal on the agenda for this week's meeting - a decision TIM's board and Vivendi had challenged in court and which the judge suspended with its ruling.

Despite the resignations, TIM's statutory auditors included Elliott's proposal on the agenda for this week's meeting - a decision TIM's board and Vivendi had challenged in court and which the judge suspended with its ruling.

As reported in the Globe and Mail on Oct. 31, the judge ruled that the Law Society had put the commercial interests of its members ahead of its statutory duty to protect the public interest.

Perez said in a statement the same day, however, that DOL's rule is «built upon solid statutory and legal foundations, and we will defend it vigorously.»

A notice slated to be published Friday in the Federal Register by the Bureau of Land Management said the agency «has concerns regarding the statutory authority, cost, complexity, feasibility, and other implications» of the 2016 rule, which is set to go fully into effect next month.

As you may have guessed, this was designed to create a 401 (k) equivalent of the Roth IRA, to which the investor contributes after - tax funds (no tax deduction), but, in exchange, will never have to pay taxes again on any of the capital gains, dividends, interest, or future withdrawals from the account provided the rules are followed and there are no statutory adjustments in the meantime.

The court thus ruled that no nonreligious entity - even, as in the case of VHA, a membership organization whose members had raised a conscience objection to performing abortions - possessed the statutory right described in the exempting statute.

The ruling against the Ministry of Justice suggests non-smoking wings would require some sort of change in the law, probably through statutory instrument.

These rules are public in the sense of being accepted across the society as a matter of common awareness, and being normally spelled out in statutory or customary law.

, contractual obligations, rules to resolve law conflicts, and determination of the sources of law, in this last case attending to law rules of statutory or special law.

The press was engaged in a last ditch - effort to stop itself falling under statutory control today, as a shadowy meeting of the privy council meets to impose new rules on the industry.

In a letter to Gov. Andrew M. Cuomo dated June 20, and not previously reported, the Senate majority leader, John J. Flanagan, wrote that the intent of the provision «was to provide SUNY with statutory authority to exempt charter schools from rules and regulations that were hampering innovative teaching and learning.»

Delivering the ruling, Tsoho said, «The plaintiff raised two issues in the written address for determination, to wit: Whether or not the 1st defendant (Saraki) can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the Office (of the Chairman) of the Economic and Financial Crimes Commission in accordance with the provisions of the EFCC (Establishment) Act, 2004 and whether or not the 1st defendant is bound by the provisions of the EFCC Act, 2004, with respect to the confirmation of any appointment made by the President of the Federal Republic of Nigeria to the office of the Chairman of the EFCC.»

The lawyer argued in the third grounds that the CCT erred in law «when it abandoned the main purport of the recusal (disqualification) and ignored the submissions of counsel thereon only to begin to write a ruling comprised of facts and arguments that are only know to Justice Umar and not raised or introduced by any parties in order to arrive at a conclusion not urged upon him by any of the parties concerning the constitutional and statutory relationship between the AGF and the EFCC».

«For avoidance of doubt, the military will not be distracted from performing its statutory duties in accordance with the rules of engagement.

But the courts haven't always struck down EPA emissions trading programs — such as the trading program for nitrogen oxides — and when they have disqualified programs, it was either because agencies failed to follow proper procedure (as was the case with a Bush - era mercury rule that eased requirements on power plants) or because specific statutory goals were not followed (as was the case in the Clean Air Interstate Rule, which wouldn't have necessarily reduced all interstate pollutirule that eased requirements on power plants) or because specific statutory goals were not followed (as was the case in the Clean Air Interstate Rule, which wouldn't have necessarily reduced all interstate pollutiRule, which wouldn't have necessarily reduced all interstate pollution).

Larry Flanagan, general secretary of the Scottish Teaching Union EIS, added that the government had «taken the correct view in ruling out statutory powers to enable searching of pupils without parental support».

The defendants claimed qualified immunity, which requires courts to rule in favor of a government employee unless the conduct violates «clearly established statutory or constitutional rights of which a reasonable person would have known.»

TCTA and several others registered strong objections to this requirement in the rules in public comment with TCTA noting that the commissioner does not have statutory rulemaking authority in particular to require locally - developed and adopted teacher appraisal systems to include student performance defined in this way.

To adopt the learning gains calculation model for the Florida Standards Alternate Assessments in English Language Arts and Mathematics, as well as to bring the rule into compliance with 2017 statutory changes and an update to the referenced federal regulation for the four - year adjusted cohort graduation rate.

This consent order concerns advertisements published by Compania Mexicana de Aviacion S.A. de C.V. (Mexicana) that failed to comply with the Department's rule on full fare advertising, 14 CFR 399.84, and thereby violated the statutory proscription in 49 U.S.C. § 41712 against unfair and deceptive practices.

The Federal Motor Carrier Safety Administration's (FMCSA) Electronic Logging Devices (ELDs) and Hours - of - Service (HOS) Supporting Documents Rulemaking, also known as the ELD rule, fulfills a statutory requirement of the Moving Ahead for Progress in the 21st Century Act (MAP - 21), enacted by Congress in July 2012.

This consent order concerns radio advertisements by Iberia Lineas Aereas de Espana, S.A., (Iberia Airlines) that fded to comply with the Department's rule on fare advertising, 14 CFR 399.84, and thereby violated the statutory proscription in 49 U.S.C. § 41712 against unfair and deceptive practices.

The Department of Transportation is issuing a third «Enhancing Airline Passenger Protections» final rule to enhance protections for air travelers and to improve the air travel environment as follows: expanding the pool of reporting carriers for service quality data; requiring reporting carriers to include service quality data for their domestic scheduled flights operated by their code - share partners; enhancing the Department's code - share disclosure regulation to codify the statutory requirement that carriers and ticket agents must disclose any code - share arrangements on their websites on the first display presented in response to a search of a requested itinerary for each itinerary involving a code - share operation; and prohibiting undisclosed biasing based on carrier identity by carriers and ticket agents in any electronic displays of the fare, schedule or availability information of multiple carriers.

This consent order concerns Internet advertisements by Globester, LLC (Globester), that violated the Department's full - fare advertising requirements specified in 14 CFR Part 399, the Department's code - share disclosure rule, 14 CFR Part 257, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712.

This notice is intended to provide guidance on two matters related to compliance with 14 CFR 399.84, the Department's rule on full fare advertising, and the underlying statutory proscription in 49 U.S.C. § 41712 against unfair and deceptive trade practices.

This NPRM is also issued toward fulfillment of a statutory mandate set forth in the «Moving Ahead for Progress in the 21st Century Act» (July 6, 2012), directing the Secretary of Transportation to issue a final rule amending FMVSS No. 213 to improve the protection of children seated in child restraint systems during side impacts.

NHTSA will determine whether to issue a rule in the course of the rulemaking proceeding, in accordance with statutory criteria.

Governing Law: Client and Mulcoy Travel agree that these terms and conditions, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between client and Mulcoy Travel arising from or relating to these terms and conditions, interpretation thereof, or the breach, termination or validity thereof, the relationships which result from the tour, advertising by Mulcoy Travel, or any related purchase shall be governed by the laws of the State of California without regard to conflicts of laws rules.

Third, contradictory provisions in the amendments of the Clean Air Act mean that the section being used by the agency to establish these rules «ignores basic principles of statutory construction,» and raises separation of powers issues.

The letter from 14 members of the House of Representatives, led by Rep. Barney Frank (D., Mass.), notes their concern with the SEC in being so far behind in meeting the April 2011 statutory deadline for releasing final rules governing a program for oil, gas and mining companies to have to disclose the payments, at project - level, they make to foreign governments...

New entitlements with respect to hours of work, overtime, vacation and public holiday, statutory leaves, rest periods, three - hour rules and terminations are all changes in the legislation that managers are going to need to understand in order to effectively supervise staff and avoid costly mistakes or misinterpreting the law which can result in a complaint.

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

But — again focusing on the statutory rape charge at the heart of the case, and not on the charges that required a showing of lack of consent — it's hard to see perversion of justice in sticking with an old rule that would set the age of consent one day earlier than the majority thinks reasonable.

When we add the general statutory obligations for employers here, which differ than other provinces, and the unique role that our law society has had in promoting diversity based on their distinct statutory obligations, an analysis based on the Rules alone is insufficient.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

Queensland courts used to have a statutory ability to give effect to a document if it was in substantial compliance with the form rules in the Act.

on 4 appeals to the Environment Court regarding statutory planning documents for the coastal environment and in particular, a new set of rules and policies for marina development throughout the region

And while I believe the Court's application of the rules of statutory interpretation left something to be desired, this mild criticism does not detract from my view that the Court has provided a well - reasoned and thoughtful decision that has helped to reduce indeterminacy in the law.

Here the government have been afforded an opportunity to provide a statutory safeguard for what is an essential protection in a free society governed by the Rule of Law.

So, in Section 11 of the Employment Act, it states: «Any requirement to wear a safety helmet which... would, by virtue of any statutory provision or rule of law, be imposed on a Sikh who is on a construction site shall not apply to him at any time when he is wearing a turban».

It has become the common statutory pattern in the United States for a statute establishing an administrative agency to provide that any wilful violation of the rules adopted by the agency constitutes a federal felony.

The Circuit Court was also reversed on its ruling that husband was required to maintain wife as a beneficiary on his life insurance policy as without statutory support in Virginia Code Section 20 - 107.3 (G)(2).

I identify, among a host of examples, the way in which Professor Zander handles the quality and length of modern legislation and the process by which it comes to be enacted in the form which it finally takes: the admissibility in argument involving statutory interpretation of reference to Hansard and the Parliamentary debates: the personal element in judicial law - making, and the «so called» rules of statutory interpretation: and diversity on the judicial bench.

Taking us from the start of the process in Whitehall to its development in Westminster, through the rules of statutory interpretation and precedent, and then to European law and the way in which the writings of scholars and custom themselves play their part in process, chapter by chapter, the material is presented for study.

In a display of Parliamentary deference I can only describe as bizarre, a 6 - 3 majority of the SCC ruled that although «the concept of consent Parliament has adopted may seem unrealistic», the court was bound to strictly apply the statutory definition of sexual assault which requires that an individual be capable of revoking consent at any time during the course of the sexual activity.

Secondly, a child's application in care proceedings is governed by a combination of statute and rules; and seems to depend on the statutory assumption that the court will appoint a lawyer (CA 1989, s 40 (1)-RRB- in the original care proceedings.

Senior U.S. District Judge Anna Diggs Taylor, ruling in a case brought against the Bush administration by the American Civil Liberties Union and others, issued a 44 - page opinion finding that the National Security Agency's wiretap program violates the First and Fourth Amendments to the Constitution, the separation of powers doctrine, statutory law and the Administrative Procedures Act.