Common use of Due Process and Natural Justice Clause in Contracts

Due Process and Natural Justice. This Article will be interpreted and applied in conformity with the following principles of natural justice and due process: (a) the presumption of innocence, (b) all involved parties being advised of their rights under this Article, (c) employees being entitled to representation by the Union, in accordance with clause 18.15, (d) the right to representation for complainants or respondents not represented by the Union, (e) the right of respondents to know the identity of the complainant and details of a complaint, (f) the timely and objective investigation of complaints, (g) protection of involved parties from reprisals or interference in the investigation of complaints for the individuals involved, (h) the right of complainants and respondents to be kept informed of the status of a complaint, (i) the opportunity for complainants and respondents to present information in support of their positions and to defend themselves against allegations, (j) the use of the Reasonable Person Standard, (k) the right of complainants and respondents to receive clarification of the investigator’s findings, if needed. Under this Article, the principles of natural justice and due process do not confer any rights upon complainants or respondents to examine or cross-examine witnesses, except at hearings under clauses 18.31 and 18.34.

Due Process and Natural Justice. This Article will be interpreted and applied in conformity with the following principles of natural justice and due process: (a) the presumption of innocence, (b) all involved parties persons being advised of their rights under this Article, (c) employees being entitled to representation by the Union, in accordance with clause 18.1518.16, (d) the right to representation for complainants or respondents not represented by the Union, (e) the right of respondents to know the identity of the complainant and details of a complaint, (f) the timely and objective investigation of complaints, (g) protection of involved parties persons from reprisals or interference in the investigation of complaints for the individuals involved, (h) the right of complainants and respondents to be kept informed of the status of a complaint, (i) the opportunity for complainants and respondents to present information in support of their positions and to defend themselves against allegations, (j) the use of the Reasonable Person Standard, (k) the right of complainants and respondents to receive clarification of the investigator’s findings, if needed. Under this Article, the principles of natural justice and due process do not confer any rights upon complainants or respondents to examine or cross-examine witnesses, except at hearings under clauses 18.31 18.32 and 18.3418.35.