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Disputes - clarifications #375

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Samuel-Baird opened this issue Feb 25, 2024 · 0 comments
Open

Disputes - clarifications #375

Samuel-Baird opened this issue Feb 25, 2024 · 0 comments

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@Samuel-Baird
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The disputes motion currently reads

  1. Disputes must be handled within sixty days of the date of dispute.
  2. Appeals must be handled within sixty days of the date of appeal.

There are a few things that I believe could use improvement:

  1. The use of "must". Since the disputes/appeals "must" be handled in 60 days, what happens to the dispute/appeal if they aren't handled in that timeframe? I would interpet this that, after 60 days, the appeal expires or becomes invalid. However, it seems like the spirit of this is somewhat of a "right" for the person filing the dispute/appeal so that they can be guaranteed that their case is handled within 60 days (similar to legal rights to a speedy trial). It seems unfair to "punish" someone by not letting their appeal/dispute get handled because a group of WCA staff failed to handle it in a timely manner.

  2. Since the disputes "must" be handled within 60 days, what are the consequences to the party who fails to handle the appeal within the 60 day window? I have seen multiple instances of appeals/disputes failing to get handled in my time as a WDC member, but as far as I am aware there are no consequences for a committee who fails to handle the appeal/dispute in a timely manner.

  3. "Handled" imples that the decision must be made and communicated, but I believe that this could be further clarified by better defining it within the motion, perhaps though the use of a subpoint. Something along the lines of "appeals/disputes are considered handled when the outcome of an appeal/dispute has been communicated to all involved parties" could be good to add.

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