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Package includes:

On Demand Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $91 - NZLS members and Associate members
  • $121 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 60 minutes
1
CPD HR

Tribunals in the employment jurisdiction are required to adhere to the principle of natural justice and maintain procedural fairness. More recently, this obligation has been placed upon employers - especially around workplace investigations.

Ensuring a full and fair investigation of allegation is vital to this process. How do you achieve this whilst acting consistently with the obligations of natural justice?

This module will look at the steps that you can take to ensure your interactions with your client are not biased and that you meet your obligation to hear from both sides.

Other issues to be looked at are:
  • What are the key differences between natural justice and procedural fairness?
  • How do you ensure you’ve met your duty to hear from both sides?
  • What should you put into the report to meet your obligations?
  • When you draft the report will you be questioned about its contents?
  • What other potential issues are there?

Learning objectives

After this webinar you will:

  • Understand your obligations to your client.
  • Recognise the issues to be aware of when undertaking this work.

Please contact us if you use a dial up internet connection.

Electronic Booklet

Author: Andrew Scott-Howman
Published: 11 April 2016
Pages: 20
Electronic booklet can be downloaded from My CPD > My Online CPD after purchase.

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.

Most lawyers are aware that the principles of natural justice apply to any tribunal or public authority with decision making power (and indeed this is expressly provided by s 27 of the New Zealand Bill of Rights Act 1990). Most practitoners do not, however, necessarily have an intimate knowledge of the rules and their application.

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.

The purpose of this paper is to:
  • 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.

PowerPoint Presentation

These are the slides included in the presentation.
Number of Slides: 18
Andrew Scott-Howman 2015
Andrew Scott-Howman
Barrister
Wellington

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