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picture1_Justice Pdf 153055 | The Concept Of Natural Justice


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File: Justice Pdf 153055 | The Concept Of Natural Justice
the concept of natural justice both from both an employment law perspective and an employment contractual perspective the disci plinary procedure at work is subject to the principles of natural ...

icon picture PDF Filetype PDF | Posted on 16 Jan 2023 | 2 years ago
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                   The concept of natural justice
    Both from both an employment law perspective and an employment contractual perspective the disci-
    plinary procedure at work is subject to the principles of natural justice. The concept of natural justice 
    is concerned with procedural fairness and a fair decision making process. Three law rules are impor-
    tant and are related to natural justice and to the disciplinary procedure at work:
    The three law rules of natural justice
       (1)  The Hearing Rule: A person must be allowed the opportunity to present their case; this in 
       cludes reviewing any evidence against them beforehand, the opportunity to prepare and pres 
       ent their own evidence and reply to any accusations before them.
       (2)  The Bias Rule: No one can be a judge in their own case; the decision maker in any case  
       must be unbiased during the hearing and in making the decision. The decision maker must   
       make the decision based on an assessment of the evidence without favouring one party over  
       another. All parties involved in the case, including the investigators, must avoid any appearance  
    	  of	bias	and	all	parties	must	ensure	that	there	is	no	conflict	of	interest.
     (3)  The Evidence Rule: The administered decision must be logical and based on the proof   
       and the investigator and decision maker must not base decisions on speculation or suspicion.  
       Investigators and decision makers must be able to clarify the evidence on which the decision  
       has been made, all the evidence; arguments, allegations, documents etc, must be disclosed to t 
       he other party.
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...The concept of natural justice both from an employment law perspective and contractual disci plinary procedure at work is subject to principles concerned with procedural fairness a fair decision making process three rules are impor tant related disciplinary hearing rule person must be allowed opportunity present their case this in cludes reviewing any evidence against them beforehand prepare pres ent own reply accusations before bias no one can judge maker unbiased during make based on assessment without favouring party over another all parties involved including investigators avoid appearance ensure that there conflict interest administered logical proof investigator not base decisions speculation or suspicion makers able clarify which has been made arguments allegations documents etc disclosed t he other...

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