Common use of Procedural Fairness Clause in Contracts

Procedural Fairness. The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the Employee will: (a) Be fully and fairly informed of the allegation or allegations against them; (b) Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ poor performance, including by being: i. provided with all information generated by the investigation; ii. notified of potential disciplinary outcomes at the outset; and (c) Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made. (d) Have their responses considered with an open mind; (e) Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the Employer (except in the case of serious misconduct or after a final written warning); (f) Have the right to representation at all stages of the process.

Procedural Fairness. The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the Employee employee will: (a) Be fully and fairly informed of the allegation or of allegations against them; (b) Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ conduct/poor performance, including by being: i. provided Provided with all information generated by the investigation; ii. notified Notified of potential disciplinary outcomes at the outset; and (c) Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made. (d) Have their responses considered with an open mind; (e) Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the Employer employer (except in excepting the case of serious misconduct or after a final written warning); (f) Have the right to representation at all stages of the process.

Procedural Fairness. The Employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that the Employee will: (a) Be fully and fairly informed of the allegation or of allegations against them; (b) Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ conduct/poor performance, including by being: i. provided Provided with all information generated by the investigation; ii. notified Notified of potential disciplinary outcomes at the outset; and (c) Given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made. (d) Have their responses considered with an open mind; (e) Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the Employer (except in excepting the case of serious misconduct or after a final written warning); (f) Have the right to representation at all stages of the process.