Rules 2002
Appendix
C - Constitution of Appeals Tribunal
1. Five members
of the Appeals Tribunal shall form a quorum, provided that,
if for any reason any member of the tribunal who has consented
to adjudicate on any appeal informs the chair of his/her
inability to complete the hearing, the remaining four members
may adjudicate, and their decision shall be final.
2. The members
of the Appeals Tribunal shall be called together by the
General Secretary or other official appointed by him/her
as soon as may be following their election for the purpose
of appointing a chair and conducting other appropriate business.
The chair thereafter shall be responsible for convening
meetings of the tribunal as and when its services are required.
3. Decisions
of the tribunal shall be on the basis of a majority vote,
the chair having a deliberative but not a casting vote.
4. Subject
to the discretion of the tribunal any member of the union
may attend the hearing of an appeal on production of his/her
membership card but he/she shall take no part in the proceedings.
5. Subject
to the terms of paragraph 6 each appeal shall be heard by
the tribunal as a new trial of the issue as laid before
the NEC or the Ethics Council, and the parties to such issue
and a member of the NEC and/or the Ethics Council shall
be entitled to be present. Subject to the rules the tribunal
may impose any penalty which it deems appropriate.
6. Where,
however, the appellant, when lodging his/her appeal, states
in writing that he/she is specifically restricting such
appeal to the penalty or penalties imposed by the NEC and/or
the Ethics Council, the appellant and a representative of
the NEC and/or the Ethics Council shall attend and be heard
in that regard. Subject to the rules the tribunal may confirm,
mitigate or increase any penalty imposed by the NEC and/or
the Ethics Council.
7. The normal
procedure shall be as follows, subject to any additional
provision which may be considered desirable:
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(i) The
appellant shall state the substance of his/her case
in writing and be allowed to add to it orally; he/she
may be questioned by the respondent.
(ii) The respondent shall state the substance of his/her
case in writing and be allowed to add to it orally;
he/she may be questioned by the appellant.
(iii) Where there are more than two parties, each party
shall similarly state his/her case, and, may be questioned
by the other parties.
(iv) Witnesses may be called by the parties or the tribunal
and may be questioned by the parties.
(v) The parties shall conclude their submissions by
making any further statements in extenuation or clarification
but shall not introduce new evidence. The respondent
shall speak first and the appellant last.
(vi) Any member of the tribunal may question any party
or witness, subject always to the authority of the chair. |
8. (i) Witnesses,
or persons nominated as witnesses at the hearing by the
NEC or the Ethics Council, or by a complaints committee,
may be heard by the tribunal, provided the parties concerned
advise the General Secretary in writing not less than 10
days before the date of hearing of their desire to have
them summoned and to have them produce before the tribunal
any specified documents or records.
(ii) In addition the tribunal may require the General Secretary
or person acting with his authority to summon other witnesses
they desire to hear.
9. Decisions
of the tribunal, signed by the chair, shall be published
to the parties concerned and, with the consent of the editor,
may be published in the union’s journal.
10. Head Office
shall supply whatever clerical assistance may be necessary
for the efficient performance of the duties of the tribunal
and for the maintenance of its records.
11. The tribunal
may require the attendance of a member of the NEC or an
official nominated by the NEC as an adviser, but not as
an assessor, on the rules of the union or on interpretations
of these rules made in accordance with provisions of Rule
8(q).
12. No member
of the tribunal shall adjudicate on an issue in which he/she
is, or was, personally or otherwise directly involved.
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