Sentences with phrase «legitimate expectations»

The court stated that Title VII provides the following elements for a prima facie case of employment discrimination:» (1) the plaintiff is within the protected class; (2) the plaintiff's performance of her job duties met the employer's legitimate expectations; (3) the plaintiff was terminated; and (4) the employer sought a replacement for the plaintiff.»

The Committee is concerned by the government bill in which it would be stated, contrary to a judicial decision, that ratification of human rights treaties does not create legitimate expectations that government officials will use their discretion in a manner that is consistent with those treaties.

On publication of your new article, «Pathological arbitration clauses, good faith and the protection of legitimate expectations,» published in Arbitration International.

This is the so - called «legitimate expectations» prong of the Toussaint decision.

In the case of the legal advice, a person may not plead breach of the principle of the protection of legitimate expectations unless he has been given precise assurances by the competent authority (the ECJ referred to its finding in AJD Tuna, and Agrargenossenschaft Neuzelle).

In Rood v General Dynamics Corp, and Schippers v SPX Corp, 444 Mich 107 (1993), the Michigan Supreme Court discussed in detail the legitimate expectations prong from the Toussaint decision.

Police and Crime Commissioner for Greater Manchester v Butterworth (The Pensions Ombudsman intervening)(Chancery Division, 10th November 2016) Appeal against a determination by the Pensions Ombudsman that a member of the LGPS should be paid a pension equivalent to the full amount of an unreduced pension from the age of 55, raising issues of contractual estoppel, enforceability of ultra vires promises and legitimate expectations.

SPL challenged the merits of the decision on the internal appeal but also sought — and obtained permission to bring — judicial review of the initial decision on the basis of a legitimate expectations / abuse of process argument.

New Publication: Temporal Aspects of the Interaction between National Law and EU Law: Reintroducing the Protection of Legitimate Expectations

On substantive legitimate expectations, I take the side of the Court of Appeal in Coughlan, arguing in the teeth of strong criticism of that decision that there are indeed good reasons for courts to enforce substantive legitimate expectations, though I also observe that the Court of Appeal probably went too far in one important respect.

of the Anti-Suit Injunction: Masri v CCIC» [2009] 20 King's L.J. 137 «Expectations in Transition: Recent Developments in Legitimate Expectations» [2009] P.L. 15 «I Can See Clearly Now: Transparency and the ECJ» (2009) 125 L.Q.R. 54 «The Damage of Damages: Agreements on Jurisdiction and Choice of Law» [2008] 4 J.Pr.I.L.

Critics doubt the existence of any coherent doctrine of legitimate expectations in the common law.

I propose a pluralist approach to the doctrine of legitimate expectations.

The case concerned whether the proposed decision (a) amounted to a retrospective use of statutory powers; and (b) was taken in breach of the insurers» legitimate expectations.

These are, first, the role of knowledge and reliance, second, substantive legitimate expectations and third, expectations based on ultra vires representations.

Procedural and substantive legitimate expectations.

Breyer Group plc v Department of Energy and Climate Change [2015] EWCA Civ 408 — representing the Appellant defendant in ongoing multi-million pound litigation involving legitimate expectations and A1P1 challenges relating to the Government's Feed - In Tariff Scheme.

Paul Daly, «A Pluralist Account of Deference and Legitimate Expectations», in Matthew Groves and Greg Weeks eds., Legitimate Expectations in the Common Law World (Hart Publishing, Oxford, 2016)

I argue that neither knowledge nor reliance should be a pre-requisite to the enforcement of legitimate expectations.

General statements are not something which ordinarily are recognized as giving rise to legitimate expectations.

The FTT (Judge Berner) held that the provisions were compatible with (a) BAT's directly effective EU law rights (including the principles of effectiveness, protection of legitimate expectations and proportionality, and rights derived from the EU Charter of Fundamental Rights); (b) BAT's Convention rights under the ECHR (including under A1P1 and Article 6); and (c) BAT's common law rights.

Could such a court criticise the decision to instigate prosecution using grounds of proportionality, equality, legitimate expectations, etcetera?

In cases concerning legitimate expectations, itself a branch of the law of fairness, it is generally the case that a party will not succeed unless he shows that he has suffered some detriment in reliance on the expectation in question.

Bilateral investment treaties also offer important protections, shielding companies from unfair treatment by governments and ensuring that the legitimate expectations that underpinned investments are upheld.

In the former case, the recipient parent, when he or she first got custody, may have validly incurred expenses based on legitimate expectations about how much child support would be provided.

But, he suggested, «[a] lthough, in some cases, a representation may define the content of the duty, the existence of legitimate expectations is just one factor to be considered in the formulation of the duty of fairness» (at para. 64).

I was keenly interested, as I have agreed to contribute a chapter to a forthcoming (early 2016) collection on legitimate expectations in the common law world.

One of the panels at the inaugural Public Law Conference last week (see my previous post) was on legitimate expectations.

How, then, should we strike the balance between the schoolchild's legitimate expectations of privacy and the school's equally legitimate need to maintain an environment in which learning can take place?

Lastly, the Court refuted the argument that the territorial limitation was no longer necessary, as Sweden had already fulfilled its requirements relating to those targets, because the schemes establish a certain investor confidence within Sweden in relation to green electricity production: «[a] ccordingly, the effectiveness of such a scheme requires by definition a measure of continuity sufficient, in particular, to ensure the fulfilment of the legitimate expectations of investors who have committed themselves to such projects, and the continued operation of those installations» (paras 100 - 103).

Secondly, the existence of a statutory process for challenging the correctness of tax assessments should never be a reason for excluding judicial review on process grounds, including not only allegations of breach of natural justice but also cases where a taxpayer alleges that its legitimate expectations based on dealings with the Department have been frustrated.

Indeed, in what the Court termed a radical drop in the age of retirement, set to take effect within a very rapid timeframe, the Court noted that no transitional measures had been provided to protect the legitimate expectations of these judges.

However, he said that the legitimate expectations of the overseas graduates who had entered the highly skilled migrant programme would have been undermined.

Still, the GCC was scathing in its discussion of Mangold, which it had found to be methodologically flawed in its creation of an «advance effect» of directives and disregard of the principles of legitimate expectations and contractual freedom.

The Panel determined that Canada had failed to meet its burden of proof with respect to its legitimate expectations as medical evidence regarding the carcinogenic properties of asbestos was extensive by that time of the Uruguay negotiations and Canada should have foreseen future acts to ban asbestos products.

In his view, the lack of doctrinal analysis means that the legitimate expectations of litigants are thrown to the winds and that the law changes based on the rolling, political tide of Supreme Court appointments.

A claim of promissory estoppel does not share any elements of proof with a claim of race discrimination under the MHRA, the latter of which requires Plaintiff to show that: (1) he was a member of a protected group; (2) he was meeting the legitimate expectations of his employer; (3) he suffered an adverse employment action; and (4) similarly situated employees who were not members of the protected group were treated differently.

The concept of «legitimate expectations» is limited to situations where a specific promise or representation is made by the state.

This follows on specifically from the general legal principles which form the basis of EU law, such as the principle of legal certainty and the principle of protection of legitimate expectations».

[10] Hence, as a matter of EU law, the investors who benefited from the solar energy subsidies could not entertain legitimate expectations about the legality of the aid, and neither could they (as noted) challenge the scaling back under EU law as Spain enjoys wide discretion on how to reach its renewable energy goals.

This is because Italian constitutional law raised «legitimate expectations» with regard to the stability of the statutes of limitation applicable to pending criminal proceedings concerning VAT fraud.

In any event the guidance to the NHS was unfair because it was inconsistent with the legitimate expectations generated by the government that IMGs on the HSMP could have their status renewed without difficulty if they continued to meet the HSMP criteria.

Since this has already been settled in the Taricco saga, no «legitimate expectations» of the opposite will arise.

It adds that the decision is «conspicuously unfair and / or an abuse of power, breaching (without justification) the legitimate expectations» of students who sat the examinations.

Privacy concerns should extend to schools using security cameras, taking care to ensure that they function only in locations where have students have no legitimate expectations of privacy such as classrooms, cafeterias, and hallways, avoiding their use in locker rooms and changing areas.

Now there are legitimate expectations for this low - key mystery about a murder on a Native American reservation.

That is economically not right, and not fair to people who have legitimate expectations and have secured bank loans and are making investments.»

For example for politicians on good practices on campaigning and political messaging, workshops for voters on the powers and legitimate expectations of parliamentarians and large organised events for facilitating a competition of parties, ideas, goals and visions for the Congo.

And these pastors are glad when someone says that, because in our society — and even in the church — the malignant assumption that pastoral ministry does not really demand or require very much surreptitiously undermines both our legitimate expectations of and our sense of gratitude for the Christian ministry.

For instance, a fellow who says there is no order in nature — nothing like laws of nature — that's not good common sense, because every living animal wants to make expectations about the future on the grounds that there are legitimate expectations about it.