Members of LINX which has had their membership terminated in accordance with clause 6 “Non-Compliance” of the LINX Memorandum of Understanding have the right of appeal against the action taken against them.
Any member wishing to appeal must do so in writing to the LINX Chief Executive Officer within 15 working days of receiving written or email confirmation of the termination of the membership.
The LINX CEO, or his/her appointed representative, will appoint an appeal panel and convene an appeal hearing.
The appeal hearing should take place within two weeks of receiving the written request although the council may in exceptional circumstances extend this period.
The chairman of the appeal panel will be a member of the LINX council or an appointed representative. The appeal panel will consist of the chairman of the panel and two or more members of the council.
A member has the right to be represented or to have its staff accompanied by a person of its choice. Where the member elects to be legally represented, it shall be responsible for any costs it may incur.
Where the decision of the appeal panel is that there was any unfairness or injustice at the time the termination of membership occurred, the panel will have the authority to rectify this at the appeal hearing. This may include overturning the decision to terminate membership completely, substituting some other sanction or changing any other sanction which has previously been imposed.