Common use of THE ISSUES FOR DETERMINATION Clause in Contracts

THE ISSUES FOR DETERMINATION. The first issue for determination is whether the appeal was filed, pursuant to section 4 (3) of the afore-mentioned Agreement (see paragraph 13) and its Annex E (the Appeal Guidelines), within 120 days as specified in the Appeal Guidelines. It is concluded that the Appellant did meet this timeline. Although the appeal form was sent on 17th January 2005 which is 131 days after the decisions were made (on 8th September 2004), it cannot be determined when the Appellant received the decision letters. In light of the uncertainty as to the date the Appellant was notified of the right to appeal and because the appeal document arrived close to the appeal deadline the appeal shall be deemed to have been filed in time.

THE ISSUES FOR DETERMINATION. The first issue for determination is whether the appeal was filed, pursuant to section 4 (3) of the afore-mentioned Agreement (see paragraph 1311) and its Annex E (the Appeal Guidelines), within 120 days as specified in the Appeal Guidelines. It is concluded that the Appellant did meet this timeline. Although the appeal form was sent arrived on 17th January 2005 24th November 2004 which is 131 135 days after the decisions were decision was made (on 8th September 12th July 2004), it cannot be determined when the Appellant received the decision lettersletter. In light of the uncertainty as to the date the Appellant was notified of the right to appeal and because the appeal document arrived very close to the appeal deadline the appeal shall be deemed to have been filed in time.