The Construction Industry Council (CIC) has established an Independent Appeals Tribunal (IAT) for its member bodies. Members of the Construction Industry Council have the option to subscribe to the Appeals Tribunal scheme but only a subscribing member (“the Institution”) may use it.
The Appeals Tribunal may only be used for appeals against decisions regarding membership admissions and for appeals against the decisions taken by the disciplinary body of the Institution. The Appeals Tribunal may be used in full or part at the discretion of the Institution, subject to their own requirements. The Tribunal cannot be used in instances where the Institution’s disciplinary body has found no case to answer.
Applications for an Appeals Tribunal hearing shall be made direct to the CIC when a person wishes to appeal against a decision regarding membership admission or to appeal against a decision by the Institution’s disciplinary body. The appellant must lodge an intent to appeal with the CIC within the prescribed time limit as set by the relevant Institution.
Following an in-time intent to appeal notification, the CIC will issue the application form to the appellant. When the completed application form has been returned, it will be referred to the Institution with a request for an initial response within six weeks. A copy of the initial response by the Institution will be sent to the appellant.
The application and initial responses will be considered by the IAT management board Chairman and an IAT panel member to decide if the grounds for the appeal are within the jurisdiction of the Tribunal. If the grounds for the appeal are accepted, a hearing will be arranged and the parties notified of the deadline for submission of their appeal documentation.
Facts to be aware of:
- The parties may be represented at their own cost;
- If one or both parties fail to attend the hearing it shall be continued in their absence unless there is a good reason to adjourn;
- The hearing shall be open to the public but the Tribunal will discuss its decision in private;
- The public proceedings of the Tribunal will be recorded.
- The decision of the Tribunal is binding for both parties.
The Tribunal may award CIC costs against:
- The appellant alone; or
- The Institution alone; or
- The appellant and the Institution in proportions decided by the Tribunal.
The Appeals Tribunal can:
- Decide if a prospective member has been refused admission improperly;
- Decide whether or not the institution has interpreted its by-laws, codes and/or rules of conduct correctly;
- Refer the matter back to the Institution if new evidence is produced that was not submitted to the Institution, and which the Tribunal considers could not reasonably have been produced.
- Ratify or recommend a variation or withdrawal of any sanction imposed by the Institution.
Following an Appeals Tribunal hearing the Tribunal will:
- Issue a reasoned judgment;
- Provide copy of the reasoned judgment to the Institution and the appellant;
- Publish its decision on the CIC website within a recommended five working days of the issue of the reasoned judgment.