COMPLAINTS HANDLING 44.1 Either Party shall notify the other Party of any Complaints made by Other Contracting Bodies, which are not resolved by operation of the Supplier's usual complaints handling procedure within five (5) Working Days of becoming aware of that Complaint and, if the Supplier is the Party providing the notice, such notice shall contain full details of the Supplier's plans to resolve such Complaint. 44.2 Without prejudice to any rights and remedies that a complainant may have at Law (including under this Framework Agreement and/or a Call Off Agreement), and without prejudice to any obligation of the Supplier to take remedial action under the provisions of this Framework Agreement and/or a Call Off Agreement, the Supplier shall use its all reasonable endeavours to resolve the Complaint within ten (10) Working Days and in so doing, shall deal with the Complaint fully, expeditiously and fairly. 44.3 Within two (2) Working Days of a request by the Authority, the Supplier shall provide full details of a Complaint to the Authority, including details of steps taken to achieve its resolution.
Claims Handling Unless it has been agreed that the Client will deal with claims directly with insurers, WTW will provide claims handling services for the period of its appointment. These services can be continued beyond that point by mutual agreement but will be subject to additional remuneration. WTW’s claims handling service includes, upon receiving the required information from the Client, the notification of the claim or circumstances to insurers. It will also involve the ongoing provision of information and arranging the collection and/or settlement of the claim in accordance with market practice and the terms and conditions of the policy. Unless agreed otherwise, WTW’s claims handling services do not include the services provided by WTW’s insurance claims advocates (see below). Where the complexities of cover or the technical nature of the subject matter cause difficulty in progressing a claim, WTW has a team of insurance claims advocates who are experienced in negotiating complex claims and managing the settlement process. WTW reserves the right to charge additional remuneration if the Client requests the services of these claims advocates. In relation to marine claims, and in line with long-standing practice of the marine insurance market, WTW may earn additional remuneration by way of claims collecting commission of up to 1% on all amounts WTW collects from insurers as consideration for additional support provided in the negotiation and settlement of a loss. WTW will not charge claims collecting commission where the Client agrees to pay for the services of WTW’s insurance claims advocates. Where WTW collects claims payments, these will be remitted to the Client as soon as possible. However, WTW will not remit claims monies to the Client before WTW has received them from insurers. Where WTW has been granted authority by insurers to settle claims on the Client’s insurance, for example under a binding authority, managing general agency or a lineslip agreement, WTW will do so within the terms and conditions of the authority granted and the Client’s contract. When exercising delegated authority, it is WTW’s policy to refer claims to insurers for settlement decision where WTW is not able to settle the claim on a 100% basis.
SCOPE OF SERVICES/CASE HANDLING A. Upon execution by GPM, attorneys are retained to provide legal services for the purpose of seeking damages and other relief in the Litigation. Client provides authorization to seek appointment as Lead Plaintiff in the class action, while the Attorneys will seek to be appointed Class Counsel. If this occurs, the Litigation will be prosecuted as a class action. B. If you obtain access to non-public information during the pendency of the Litigation, you must not engage in transactions in securities. C. Attorneys are authorized to prosecute the Litigation. The appointed Lead Plaintiffs will monitor, review and participate with counsel in the prosecution of the Litigation. The Attorneys shall consult with the appointed Lead Plaintiffs concerning all major substantive matters related to the Litigation, including, but not limited to, the complaint, dispositive motions and settlement. Because of potential differences of opinion between Clients concerning, among other things, strategy, goals and objectives of the Litigation, the Attorneys shall consult with the appointed Lead Plaintiffs as to the courses of action to pursue. The Client agrees to abide by the decisions of the appointed Lead Plaintiffs, which shall be final and binding on all Clients. D. GPM is given the authority to opt the Client out of any class action proceeding relating to the claims authorized herein and/or pursue the Client claim individually in a group action, if the Client is not appointed Lead Plaintiff and GPM is not appointed Class Counsel. E. The Attorneys shall provide sufficient resources, including attorney time and capital for payment of costs and expenses, to vigorously prosecute the Litigation. F. Any recovery from defendants that the Attorneys are responsible for will be divided among class members based on the recognized loss by each class member as calculated by a damage allocation plan which will be prepared by a financial expert or consultant, provided to the appointed Lead Plaintiffs, be subject to the Court's approval and will account for such factors as size of securities ownership, date of purchase, date of sale and continued holdings, if any. Under the rules governing class action litigation, while the Lead Plaintiffs recover according to the same formula as other class members, the Court may approve, upon application therefore, reimbursement of the Lead Plaintiffs’ reasonable costs and expenses directly related to the representation of the class. Examples are lost wages and travel expenses associated with testifying in the action.
Information Management Information and Records
Scheduling Regulations F-1 Tour schedules shall be posted, except in cases of emergency, two (2) weeks in advance and shall cover a six (6) week period or full-time nurses will be paid premium pay on the first tour of the new schedule. Requests for specific days off are to be submitted, in writing, at least two (2) weeks in advance of posting. F-2 Request for Tour Changes F-3 Where there is a change in the schedule from one day shift to another day shift commencing at different start times on the same day, the change will not be considered a change in schedule as defined under Article 14.12. If the nurse is advised of the change and unable to accept it due to extenuating circumstances and the Employer unilaterally changes the start time, premium pay would be applicable if the change is made with insufficient notice as per Article 14.12. F-4 A full-time nurse may request to work a permanent evening or night shift. Where such request is made the following conditions shall apply: i) The nurse will submit a written request to the Manager with a copy to the Union. ii) The Manager will provide a written response to the nurse stating her ability to honour such a request, with the provision that either the nurse or the Manager may discontinue the scheduling arrangement with four (4) weeks written notice in advance of the posted schedule. A copy of such response shall be forwarded to the Union. iii) The permanent shift arrangement applies to the individual nurse, not to the position and therefore when a nurse vacates such arrangements, said vacant line will revert back to a regular rotating line consistent with the remainder of the master rotation. iv) A nurse on permanent evening or night shift will twice a year spend two (2) weeks on day shift at a mutually agreeable time. These intervals will be at least three (3) to four (4) months apart. F-5 Scheduling - 7.5 hours (a) Full-time i) Master rotations including an individual nurses position within a master, will not be changed without first informing the nurse and the bargaining unit president and or designate. ii) A nurse will not be scheduled to work more than seven (7) consecutive days without receiving two (2) consecutive days off or premium payment shall be paid. iii) The Employer will schedule full-time every second weekend off or premium pay will apply. The Employer will endeavour to schedule a nurse for a day shift prior to the nurse’s weekend off. The Employer agrees that a weekend will be defined as sixty (60) hours from the completion of the Friday tour until the commencement of the Monday tour. iv) The Employer undertakes to use its best effort consistent with proper management of the Hospital to ensure that days off may be taken consecutively and days off rotated so as to effect an equal distribution among the full-time nurses. v) The Employer will endeavour as far as reasonably possible to provide some day tours when available. vi) A nurse shall not be required to commence work within twelve (12) hours of completing a scheduled tour or premium payment shall be paid.