Table of Contents
What does a fair process mean?
Fair process does not set out to achieve harmony or to win people’s support through compromises that accommodate every individual’s opinions, needs, or interests. While fair process gives every idea a chance, the merit of the ideasand not consensusis what drives the decision making.
Why fair procedures always make a difference?
The narrow instrumental view of fair procedures. On a narrow instrumental view, fair procedures are valuable to the extent that they lead to the right outcome. An unfair procedure that results in the right outcome, following this reasoning, poses no problems from the perspective of justice.
What is procedural fairness in law?
14.11 ‘Procedural fairness’ means acting fairly in administrative decision making. It relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision. … if such a duty exists, the content of procedural fairness in the particular case.
What is fair process in restorative justice?
The fundamental hypothesis of restorative practices embodies fair process by asserting that people are happier, more cooperative and productive, and more likely to make positive changes in behavior when those in authority do things with them, rather than to them or for them.
What are the five features of a fair process?
There are 5 features of a fair process: consistency, voice, accuracy of information, bias suppression, and correctability.
What is fair management?
A fair manager is one who treats every person they encounter with respect and fairness. There are a number of behaviors you can adopt to be considered a fair and impartial manager.
What are some examples of procedural fairness?
They mainly apply to decisions that negatively affect an existing interest of a person or corporation. For instance, procedural fairness would apply to a decision to cancel a licence or benefit; to discipline an employee; to impose a penalty; or to publish a report that may damage a person’s reputation.
How do you prove procedural fairness?
Procedural Fairness: Misconduct
- An employer must inform the employee of allegations in a manner the employee can understand.
- The employee should be allowed reasonable time to prepare a response to the allegations.
- The employee must be given an opportunity to state his/ her case during the proceedings.
What is procedural fairness in the workplace?
In regard to the workplace, ‘Procedural Fairness’ refers to an employee being given an opportunity to defend themselves and raise any other mitigating circumstances before a disciplinary or performance decision is reached. This term is also often referred to as ‘natural justice’.
What is the social discipline window?
The social discipline window (Figure 1) is a concept with broad application in many settings. It describes four basic approaches to maintaining social norms and behavioral boundaries. The four are represented as different combinations of high or low control and high or low support.
What is restorative justice?
Restorative justice refers to an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.
What are affective statements?
Affective statements, referred to as I statements tell the listener, how the person feels and why it makes them feel that way. They are an effective way to teach students how to express their emotions appropriately.
What are some key principles of fairness and equity?
Fairness is characterized by equity, respect, justice and stewardship of the shared world, both among people and in their relations to other living beings.
How do you ensure fair treatment of employees?
Some keys to remember in fair play:
- Never play favorites.
- Make the rules clear and apply them equally (and fairly) across the board.
- Make changes if you see an individual or group is being treated unfairly.
- Think about how rules affect everyone.
- Be up front about the reasons for your policies and rules.
How do you demonstrate fairness at work?
Here are some tactics you can implement to create fairness in your workplace:
- Encourage mutual respect. …
- Model correct behavior. …
- Change rules to promote fairness. …
- Communicate with your employees. …
- Create transparent promotion procedures. …
- Commit to fair paychecks. …
- Offer an appeals process.
What are the four pillars of procedural justice?
Procedural justice speaks to four principles, often referred to as the four pillars: 1) being fair in processes, 2) being transparent in actions, 3) providing opportunity for voice, and 4) being impartial in decision making.
What is the duty of procedural fairness?
The values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decision affecting their rights, interests, or privileges made using a fair, impartial and open process, appropriate to …
What is substantive and procedural fairness?
He pointed that, in relation to a dismissal, procedural fairness relates to the procedure followed in dismissing an employee. Substantive fairness relates to the existence of a fair reason to dismiss. … The question is whether, prior to the dismissal, the employer followed a fair procedure.
What are the requirements for a fair dismissal?
In order for the dismissal to be regarded as fair:
- the employee must have contravened a workplace rule;
- such rule must be lawful and reasonable;
- the employee must have knowledge of the rule;
- the rule must be uniformly applied; and.
- the dismissal must be considered an appropriate sanction.
What steps can an employee take if unfairly dismissed?
What steps can be taken if an employee is unfairly dismissed? Of course, if a dismissal was unjustified, an employee can approach their union for assistance or refer the matter to the CCMA or the Bargaining Council (if applicable). The case must be referred within 30 days of the date of dismissal.
What is a fair procedure for dismissal?
Even if you have a fair reason, the dismissal is only fair if you also act reasonably during the dismissal and disciplinary process. There’s no legal definition of ‘reasonableness’, but if you’re taken to an employment or industrial tribunal they would consider whether you: genuinely believed that the reason was fair.
What is procedural fairness in performance management?
Procedural fairness is concerned with the procedures used by a decision-maker, rather than the actual outcome reached. It requires a fair and proper procedure be used when making a decision. … Procedural fairness is sometimes called ‘natural justice’.
What is substantive fairness?
Substantive fairness: Substantive fairness means that there is a just, fair and equitable reason for an employer to dismiss the employee. This is a subjective test.
What does a workplace investigator do?
Investigations determine, fully and credibly, what happened with respect to a particular incident whether suspected conduct did or did not take place; what the circumstances were; who was involved; whether a violation of law or company policy occurred.