...the First Tier tribunal 3. Appealing to the Upper tribunal. Generally it is best to first appeal by asking the Department of Work and Pensions to reconsider its decision. If this fails then you can appeal to the First Tier tribunal which is independent and run by the Social Security tribunal service. If your appeal to the first tier tribunal fails then you can appeal to the Upper tribunal. On the next page you will find a list of some of the types of documents that you could use as evidence in any appeal or application for Employment Support Allowance. © DLS 2011 2 Evidence for appealing Employment Support Allowance decisions at any level of appeal • A letter of support from your doctor; • A care plan; • A doctor’s report; • A Statement by the claimant showing the history of the problems they have and how they affect them; • Any medical information such as letter for appointments or anything which assists in proving your claimant attended their Doctor/hospital or other therapy for their problem; • A diary of how the problems effect the claimant on a day to day basis; • A statement from anyone that might provide care or help the claimant with their problems such as friends, family, care workers or Work colleagues etc. © DLS 2011 3 Appeals The decision (Decision-Maker) (Reconsideration) (Within one month) The First Tier Tribunal (Fact and Law) (Within one month) The Upper Tribunal (Law Only) (Within one month) Court of Appeal (Law Only) Reconsiderations ...
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...Law firms Project What is the legal aid? Payment from public funds allowed, in cases of need, to help pay for legal advice or proceedings. Legal aid can help meet the costs of legal advice, family mediation and representation in a court or tribunal. Legal aid are limited, which mean that people who earns a certain amount of money, would not be eligible to have a legal aid. Legal has been reduced by 15 pound comparing to the previous hourly pay of 44 pound. The government is cutting off pay rates of 8.75%. Law firm or law centre Law centres defend the legal rights of people who cannot afford a lawyer. They are specialists working in their local communities to uphold justice and advance equality. Procedure within a law company? The procedure are first of all they would speak to you to see if/how they can help. Then they would tell you about the costs. They would also be able to tell you if legal aid is available. Can I get help with my employment tribunal case? Thinking about making a claim to an employment tribunal can be scary. Many people find it helpful to get some advice before they take action. There are lots of organisations that might be able to offer you advice, or help with your case. You can find more information and contact details on this page. You might also want...
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...| SYMBIOSIS CENTRE FOR MANAGEMENT & HUMAN RESOURCE DEVELOPMENT [Constituent of SYMBIOSIS INTERNATIONAL UNIVERSITY (SIU)] (Established under Section 3 of the UGC Act 1956, by notification No.F.9-12/2001 – U.3 of the Government of India) (Accredited by NAAC with ‘A’ Grade) ------------------------------------------------- Study of arbitration, dispute resolution and mitigation practices in Indian Infrastructure Sector MBA – Infrastructure Management Batch 2013-15 Semester III Thesis Guide: Dr. Ajit Patwardhan Prepared by: Name | Roll No. | Jasjeet Singh Gill | 2013D02 | Subhashini N. | 2013D17 | Acknowledgement We consider it our privilege to express a few words of gratitude and respect to all those who contributed and wished for the successful completion of our project. We express our deep felt gratitude to Prof. (Dr.) Pratima Sheorey - Director, SCMHRD and college management for providing us with all facilities for making this endeavour possible. We acknowledge with a deep sense of gratitude, the constant help and guidance provided by our thesis guide and faculty Prof. (Dr.) Ajit Patwardhan at all stages of our project work. He has been an eternal source of inspiration and knowledge, without him, this thesis, was impossible. We would like to express our thanks in no less measure to Prof. Vasundhara Sen for her constant help. Our sincere thanks to our friends and all the people who directly or indirectly helped us, without which completing...
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...Question 1 ii. Question 2 iii. Question 3 iv. Question 4 2. Part Two: Counsel’s Memorial i. Introduction ii. Statement of facts iii. Statement of purpose iv. Arguments v. Bibliography International Arbitration Part 1 Question 1: Importance of Severability in Arbitration Severability is a term found in contract agreements that permits individuals or parties to leave out a component in an agreement which is perceived inappropriate or impossible to enforce. Severability is important since it will facilitate the other components to remain valid and hence to be enforced effectively. It is contained in arbitration law and it is a significant clause that defines the validity of any given contract. It is also referred to as saving phrase or clause in some literature. In this case, a contract will remain valid even after a portion of the contract is denounced later as invalid. This is a very important principle since it shows the motives of both parties when unenforceable clauses have been imposed on the contract. Provision of the said clause will be subjected to modifications in order to reflect the motives of the parties involved. As a result, the remaining clauses will proceed normally without any hindrances. It is important to note that severability clause is very crucial in any arbitration procedure around the world. This is given the fact that the parties involved in the arbitration may encounter hurdles in the future that may...
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...SAMPLE CV Name Education and qualifications 2008-2009 – Law School Undertaking the Legal Practice Course – Distinction 2007-2008 – Law School Graduate Diploma in Law: Distinction 2003–2007 – University BA Joint Honours in French and German: 2.1 1996-2003 – School A-levels: French (A); German (A); English Literature (A); History (A) GCSEs: 9 A*s and 1 A (Maths sat one year early) Awards Runner-up in Newspaper Law Awards 2009 – presented with £1000 prize by Justice Minister Jack Straw at Lincoln’s Inn ceremony. Essay published on a legal website, Scholarship awarded for essay on Sartre and prize for Modern Languages and Subject prize for History (at school). Work experience Top City Law Firm, London: September 2010 Training Contract Reed Smith Richards Butler, London: summer 2007 Working in the employment department, I created a newsletter for clients on sick pay allowance for disabled employees, compiled tribunal claim for unfair dismissal and breach of contract and carried out research. In the media department, I researched the licences available to online radio station, compiled a glossary for departmental use and carried out proofreading duties. Mayer, Brown Rowe & Maw, London: summer 2007 I conducted research to help an associate in the employment department write an article and drafted a new clause for client’s contract. I also compiled letters, emails and invoices to clients and managed bundles. I carried out research in the IP department, advising clients on patent...
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...PROBATIONER IN THE EYES OF LAW E. M. RAO Senior Manager – Corporate Industrial Relations IDL Chemicals Ltd., Hyderabad INTRODUCTION Probation is a period of time during which a person is put to test or trial, for a final assessment of his fitness or otherwise for the post to which he/she is appointed. As per the traditional view, it conferred an inalienable right on the employer to dispense with the services of a probationer at any time during the period of probation without assigning any reason and without notice or compensation in lieu of notice. This right of the employer was considered absolute throughout the period of probation and there was no relief for the probationers in the event of termination before the expiry of he period of probation. This traditional understanding prompted the employers to frame the Standing Orders and the individual contracts of employment in this regard. This customary view, however, no longer holds good. STATUS OF THE PROBATIONER Before the expiry of Probation The Supreme Court in the famous case of Express Newspapers Lid. v. Labour Court,2 held that without anything more an appointment on probation for six months gives the employer no right to terminate the services of an employee before six months had expired except on the ground of misconduct or other sufficient reasons in which case even the services of a permanent workman could be terminated. At the end of six-month period, the employer can either confirm him or terminate...
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...Case Briefing MITCHELL v. LOVINGTON GOOD SAMARTAIN CENTER, INC., 555 P.2d 696 (N.M 1976) Mrs. Mitchell (appellee) was terminated on Facts: Mrs. Mitchell (appellee) was terminated on June 4, 1974 from Lovington Good Samaritan Center, INC. for alleged misconduct. June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits where she was denied by the deputy of the Unemployment Security Commission; July 24 1974, Mrs. Mitchell applied for an appeal, where she then received a reinstatement of benefits on August 28 1974. On September 13 1974 appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N.M.S.A..1953. The commission overruled the Appeal Tribunal an re-instated the seven week disqualification period. Mrs. Mitchell applied for and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County pursuant to s 59-9-6(K), N.M.S.A. 1953. January 16, 1976, the District Court reversed the Commission’s decision and ordered it to reinstate the benefits to Mrs. Mitchell. From the Judgment of the District Court, the Center appeals. Issue: The issue of this case is whether petitioner’s actions constituted misconduct so as to disqualify her from certain unemployment compensation benefits. Under s 59-9-5(b), N.M.S.A.1953 Rule: “Misconduct” is a term that is not defined in Unemployment Compensation Law. New Mexico adopted Wisconsin's 259-60,296 N.W. 636, 640 (1941) term for “misconduct”...
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...Global Crime Analysis Paper Jessica Cross CJA/394 October 20, 2013 Global crimes transcend national borders and threaten American citizens and communities, businesses, and institutions, as well as global security and stability. The classification of global crimes can be categorized according to if the behavior is international and constitutes a crime against the world, or if the act is transnational that affects the interests of more than one state (Global Solutions, n.d.). The contents of this essay will identify the various major global crimes and criminal issues that have a global impact on national and international justice systems and processes. In addition, the text will discuss the various international justice systems and how these global crimes and criminal issues are addressed. Fueled by open borders, global markets, and the advancement of telecommunications, international crime has become a rising universal problem. In 1995, President Clinton classified international crime as a danger to the national interest of the United States. Therefore, before and since then the federal government has been busy in a converging effort to address various major global crimes, such as human rights and war crimes, organized crime and narcotics, cybercrime, environmental crime, and terrorism (Global Solutions, n.d.). Human Rights and War Crimes are inhuman acts committed by an extensive or systematic attack aimed against individuals, such as genocide, crimes against...
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...June 2007 International Dispute Resolution Overview A. Arbitration International arbitration is the process of resolving disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions (International Commercial Arbitration). It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes, and for the resolution of certain disputes between states and between investors and states. As the number of international disputes mushrooms, so too does the use of arbitration to resolve them. There are essentially two kinds of arbitration, ad hoc and institutional. An institutional arbitration is one that is entrusted to one of the major arbitration institutions to handle, while an ad hoc one is conducted independently without such an organization and according to the rules specified by the parties and their attorneys. Ad hoc, or unadministered, arbitration is flexible, relatively cheap and fast way of dispute settlement – if the parties co-operate. When parties are not able to co-operate, the assistance of an institution to move the arbitration forward...
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...LegalCrystal - Indian Law Search Engine - www.legalcrystal.com Gujarat Steel Tubes Ltd. and Ors. Vs. Gujarat Steel Tubes Mazdoor Sabha and Ors. LegalCrystal Citation : legalcrystal.com/655678 Court : Supreme Decided On : 1979-11-19 Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146 Judge : A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ. Acts : Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 10A, 11 and 11A Appeal No. : Civil Appeal Nos. 1212, 2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort...
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...GOVERNMENT OF INDIA LAW COMMISSION OF INDIA L. Chandra Kumar be revisited by Larger Bench of Supreme Court Report No. 215 December 2008 LAW COMMISSION OF INDIA (REPORT NO. 215) L. Chandra Kumar be revisited by Larger Bench of Supreme Court Presented to Dr H. R. Bhardwaj, Union Minister for Law and Justice, Ministry of Law and Justice, Government of India by Dr Justice AR. Lakshmanan, Chairman, Law Commission of India, on 17th day of December, 2008. 2 The 18th Law Commission was constituted for a period of three years from 1st September, 2006 by Order No. A.45012/1/2006-Admn.III (LA) dated the 16th October, 2006, issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. The Law Commission consists of the Chairman, the Member-Secretary, one full-time Member and seven part-time Members. Chairman Hon’ble Dr Justice AR. Lakshmanan Member-Secretary Dr Brahm A. Agrawal Full-time Member Prof. Dr Tahir Mahmood Part-time Members Dr (Mrs) Devinder Kumari Raheja Dr K. N. Chandrasekharan Pillai Prof. (Mrs) Lakshmi Jambholkar Smt. Kirti Singh Shri Justice I. Venkatanarayana Shri O.P. Sharma Dr (Mrs) Shyamlha Pappu 3 The Law Commission is located in ILI Building, 2nd Floor, Bhagwan Das Road, New Delhi-110 001 Law Commission Staff Member-Secretary Dr Brahm A. Agrawal Research Staff Shri Sushil Kumar : Joint Secretary & Law Officer Ms. Pawan Sharma : Additional Law Officer Shri J. T. Sulaxan Rao : Additional Law Officer Shri A. K. Upadhyay...
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...No.26 of 1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985: AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek an amicable settlement of that dispute by recourse to conciliation; AND WHEREAS the said Model Law and Rules make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations; AND WHEREAS it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid Model Law and Rules; BE it enacted by Parliament in the Forty-seventh Year of...
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...1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985: AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek an amicable settlement of that dispute by recourse to conciliation; AND WHEREAS the said Model Law and Rules make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations; AND WHEREAS it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid Model Law and Rules; BE it enacted by Parliament in the Forty-seventh...
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...notify the applicant within 30 days of receiving the application and it always better and quicker to apply for internal review before resorting to external review. Anecdotal evidence suggests that internal review can be quick, cheap and most likely can lead to a reversal of a decision. You can appeal to your federal member of parliament in your constituency who may have contact with the Attorney General for assistance in this matter. Your MP would have a considerable influence if he and the Attorney General are in the same party and can possibly lobby on your behalf. This avenue should be last after judicial and merit reviews are finalised. Another subtle way is to appear or ring on a talk-on back radio to publicise your case to get into the ears and attention of the relevant authorities. Mr Smith can apply to the Information Commissioner for a reviewable decision under section 54L of the FOI Act. He has 60 days after decision was given under s 26, s 54S (1). The original decision is deemed to have been affirmed within 30 days without extension of time. The conduct of Information Commissioner Review would be without formal hearing and would be decided on the basis of documents available; however, hearing can be arranged if information Commissioner thinks there is the need for it. Information commisioner’s...
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...The Debate Around NAFTA’s Chapter 11: The Case of MMT and Canada Introduction The North American Free Trade Agreement (NAFTA) is an agreement liberalizing trade and investment between Canada, the United States, and Mexico. From the moment it took effect on January 1, 1994, the agreement has sparked controversy and fiery debate from groups across the political spectrum regarding its benefits and costs.[i] Much of this debate revolves around Chapter 11, the section of the agreement that deals with investor-state relations. Chapter 11 gives foreign investors the right to sue the host government for damages if they believe they have been treated unfairly. In 1996, the Ethyl Corporation filed a $250 million claim against Canada under Chapter 11 regarding a gasoline additive they produced called MMT. Background • Methylcyclopentadienyl manganese tricarbonyl (MMT) MMT is an octane-improving fuel additive. The chemical compound was developed in the 1950s by what became the Ethyl Corporation (today part of the Afton Chemical Corporation, but hereinafter referred to as “Ethyl”).[ii] MMT was widely used in the United States and Canada, during the 1960s and 1970s in leaded gasoline. However, due to public health concerns, MMT was banned in the late 1970s by the U.S. Environmental Protection Agency (EPA).[iii] The health effects of exposure to manganese through its use in MMT are under research. Manganese, the main component of MMT, is a common element of our diets...
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