Procedural fairness to apply Clause Samples
The 'Procedural fairness to apply' clause ensures that fair and impartial procedures are followed when making decisions that affect parties' rights or interests under the agreement. In practice, this means that all parties must be given adequate notice of decisions, an opportunity to present their case, and a chance to respond to any adverse material before a final decision is made. This clause is essential for protecting parties from arbitrary or biased actions, thereby promoting transparency and trust in the decision-making process.
Procedural fairness to apply. The process for managing unsatisfactory work performance will be consistent with the principles of procedural fairness. All parties involved in the process will commit to completing it as quickly as practicable.
28.5.1 Before commencing formal unsatisfactory work performance processes, the Library must:
(a) tell the Employee the purpose of the meeting;
(b) provide the Employee with a copy of the formal unsatisfactory work performance process to be followed as outlined in clause 28.9 herein;
(c) provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice before the unsatisfactory work performance process commences; and
(d) allow the Employee the opportunity to provide details of any mitigating circumstances.
28.5.2 The Library must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause 28.
Procedural fairness to apply. The process for managing Employee misconduct will be consistent with the principles of procedural fairness. All parties involved in the misconduct process will commit to completing it as quickly as practicable.
29.5.1 Before commencing the formal processes, the Library must:
29.5.2 The Library must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause 29.
Procedural fairness to apply. (a) The process for managing unsatisfactory work performance will be consistent with the principles of procedural fairness. 4.11.5(b) All parties involved in the process will commit to completing it as quickly as practicable.
Procedural fairness to apply. 21.4.1 All parties involved in the process will commit to completing it as quickly as practicable and all timelines will be reasonable.
21.4.2 Before commencing formal disciplinary processes, CFA FRV must:
21.4.2.1 Tell the Employee the purpose of the meeting;
21.4.2.2 Provide the Employee with a copy of the formal disciplinary process to be followed, as outlined in this clause;
21.4.2.3 Provide a reasonable opportunity for the Employee to seek advice from a representative or support person before the disciplinary procedure commences; and
21.4.2.4 Allow the Employee the opportunity to provide details of any mitigating circumstances.
21.4.3 CFA FRV must take into account any reasonable explanation of any failure by the Employee to participate, before making a decision.
Procedural fairness to apply. For matters involving unsatisfactory work performance or behaviour, disciplinary action will be consistent with the principles of procedural fairness.
19.6.1 All Parties involved in the process will commit to completing it as quickly as practicable.
19.6.2 The Employer must take into account any reasonable explanation of any failure by the Employee to participate, before making a decision.
19.6.3 Before commencing formal disciplinary or underperformance processes, the Employer must:
Procedural fairness to apply. The objective of this clause is to assist and support underperforming Employees to improve their performance and to attain and maintain a satisfactory standard of performance.
22.7.1 For matters involving unsatisfactory work performance or behaviour, action will be consistent with the principles of procedural fairness.
22.7.2 All parties involved in the process will commit to completing it as quickly as practicable.
Procedural fairness to apply. 4.12.7(a) The process for managing employee misconduct will be consistent with the principles of procedural fairness.
Procedural fairness to apply. The process for managing Employee misconduct will be consistent with the principles of procedural fairness. All parties involved in the misconduct process will commit to completing it as quickly as practicable.
29.5.1 Before commencing the formal processes, the Library must: • Tell the Employee the purpose of the meeting; • Provide the Employee with a copy of the formal process to be followed; • Provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice before the formal process commences; and • Allow the Employee the opportunity to provide details of any mitigating circumstances.
29.5.2 The Library must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause 29.
Procedural fairness to apply. (a) The process for managing Employee misconduct will be consistent with the principles of procedural fairness.
(b) All parties involved in the misconduct process will commit to completing the process as quickly as practicable.
(c) The Employer will:
(i) advise the Employee of the purpose of any meetings;
(ii) provide the Employee with a copy of the formal process to be followed;
(iii) provide a reasonable opportunity for the Employee to seek advice from the Union or a representative of their choice at any stage of the misconduct process; and
(iv) allow the Employee the opportunity to provide details of any mitigating circumstances.
(d) The Employer must take into account any reasonable explanation of any failure by the Employee to participate before making a decision under this clause.
Procedural fairness to apply. 16.5.1. The process for managing unsatisfactory work performance will be consistent with the principles of procedural fairness.
16.5.2. All parties involved in the process will commit to completing it as quickly as practicable.
16.5.3. Before commencing a formal unsatisfactory work performance process, the employer must:
a) tell the employee the purpose of the meeting;
b) provide the employee with a copy of the formal unsatisfactory work performance process to be followed as outlined below (First stage – Formal counselling);
c) provide a reasonable opportunity for the employee to seek advice from the CPSU or any nominated representatives before the unsatisfactory work performance process commences; and
d) allow the employee the opportunity to provide details of any mitigating circumstances.
16.5.4. The employer must take into account any reasonable explanation of any failure by the employee to participate before making a decision under this clause.