EC Meeting Papers March 2018

iv. The complainant or his/her representative shall be given the opportunity to ask questions as set out in ii) above. v. The Disciplinary Committee may, during or after the giving of evidence, ask questions through the Chair of any party. vi. The complainant or his/her representative shall be invited to sum up. No new material can be introduced. vii. The member subject to the complaint or his/her representative shall be invited to sum up. No new material can be introduced. viii. All parties shall be asked to withdraw and informed that the Committee’s decision will be confirmed in writing. A/18. In the event that disciplinary action has been decided on, he/she shall also be informed of the right to appeal to the Appeals Committee. A member wishing to appeal to the Appeals Committee against a decision of the Disciplinary Committee shall give notice in writing to the General Secretary within 14 days of receipt of the decision. The notice shall state the grounds on which the appeal is based. A/19. Upon receipt of a notice of appeal, the General Secretary shall inform the members of the Appeals Committee who shall meet within 28 days, or as soon as reasonably practicable thereafter, to hear the appeal. The General Secretary shall give at least 14 days’ written notice to the appellant of the date fixed for the hearing and his/her right to attend. A/20. The Appeals Committee shall determine the basis on which the appeal will proceed, including the standard of review and is entitled to amend, vary, quash or uphold the decision of the Disciplinary Committee. A/17. Notification of the Disciplinary Committee’s decision will be sent to the member subject to the complaint as soon as possible and no later than 14 days from the hearing.

A/21. The Appeals Committee’s decision shall be confirmed in writing to the appellant within 14 days of the hearing.

Sanctions

A/22. The Disciplinary Committee may decide to take any of the following action.

i.

a motion of censure

ii.

a warning

iii.

suspension, expulsion or termination of membership.

Complaints Against the Union

A/23. A complaint that the Union has acted in breach of its Rules shall be sent in writing to the General Secretary specifying the breach of rules complained of and giving details of the evidence supporting the complaint. The General Secretary will give a written response to the complainant within 10 working days of receiving the complaint or as soon as reasonably practicable after that. Where necessary the General Secretary should carry out a full investigation into the issue/s raised. A/24. If the complainant is dissatisfied with the response he/she can request that the matter is referred to the Disciplinary Committee as a complaint against the Union and following the procedure set out in Rules A13 to A17. If the Disciplinary Committee is satisfied that the Union has been in breach of these rules, it may:

i.

declare that the Union has acted in a way which is in breach of the rules; or

ii.

record a motion of censure against the Union.

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