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 of 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 (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) 1. Be fully and fairly informed of the allegation of or allegations against them; b) 2. 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 iii. given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made. d) 3. Have their responses considered with an open mind; e) 4. Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer Employer (excepting except in the case of serious misconduct or after a final written warning); f) 5. Have the right to representation at all stages of the process.