This book is only available in PDF format

Author: Andrew Scott-Howman
Published: 26 April 2016
Pages: 20

Introduction

The concepts which underpin natural justice are said to have originated in Roman systems of law. They are often regarded as being so basic that they should be self-evident to any person with an inherent sense of fairness.

Moreover, the suggestion that parties to the employment relationship must comply with rules of natural justice may come as a surprise to many who practise in the area. Employment lawyers should, however, be versed in the area of natural justice – and, more importantly, be in a position to advise parties to an employment relationship on their application.

• Provide an examination of the prinicples of natural justice;
• Explain how, and when, these principles apply in employment law; and
• Give a practical guide to their application.

Content outline

• A broad overview: what is natural justice?
  • “Procedural fairness”
  • What does natural justice mean in a workplace setting?
• The first key obligation: freedom from bias
• The second key obligation: the duty to hear from both sides
  • Obtaining the respondent’s response
  • Might there be a need to make further enquiries?
• The investigator’s report
  • Need a draft decision go to the parties and/or employer?