The term
procedural fairness
is thought to be preferable when talking about administrative decision making because the term natural justice is associated with procedures used by courts of law. However, the terms have similar meaning and are commonly used interchangeably.
What do you call procedural fairness in law?
Procedural fairness means
fairness in the procedures followed when arriving at an administrative decision
. It is a principle that is fundamental to the administration of justice and a person can file an appeal and get a decision overturned on the basis that procedural fairness was not observed.
What is procedural fairness?
14.11 ‘Procedural fairness’ means
acting fairly in administrative decision making
. It relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision.
What is natural justice?
What is
Natural Justice
?
Natural justice
is the right to be made aware of, and respond to, information which will be used in the course of a decision that will negatively affect the person.
What is the difference between natural justice and procedural fairness Canada?
The principles of natural justice concern the general manner in which a decision is made. Essentially,
procedural fairness does not concern the correctness of the decision
. Rather, principles of natural justice help to ensure that the decision maker followed the proper procedure in arriving at their decision.
What is an example of procedural fairness?
They mainly apply to decisions that negatively affect an existing interest of a person or corporation. For instance, procedural fairness would
apply to a decision to cancel a licence or benefit
; to discipline an employee; to impose a penalty; or to publish a report that may damage a person’s reputation.
What is procedural fairness and natural justice?
Natural justice or procedural fairness comprises three main components:
the opportunity to be heard; there must be no bias
; and the decision must have some basis in fact or reasoning.
How do you prove procedural fairness?
- An employer must inform the employee of allegations in a manner the employee can understand.
- The employee should be allowed reasonable time to prepare a response to the allegations.
What is the difference between substantive fairness and procedural fairness?
Substantive fairness deals with the REASONS
for the dismissal
. … dismissal based on pregnancy). • Procedural fairness, on the other hand, deals with the formal PROCEDURES prescribed by the law which are to be followed by an employer before dismissing an employee.
Is procedural fairness absolute?
For the rules of procedural fairness to apply, the nature of the decision must be administrative. … That decision must affect the claimant’s rights, privileges or interests. Lastly, these rules are
not absolute
.
What is procedural fairness in the workplace?
Procedural fairness is
concerned with the decision making process followed or steps taken by a decision maker
rather than the actual decision itself. … Procedural fairness can take many forms, such as: whether an employer has followed their own procedures in dismissing an employee.
What are the three rules of natural justice?
Essentially, natural justice requires that a person receive a fair and unbiased hearing before a decision is made that will negatively affect them. The three main requirements of natural justice that must be met in every case are:
adequate notice, fair hearing and no bias
.
Why is natural justice important?
Natural justice aims
to ensure decision-making is fair (procedural fairness)
and the resulting decision is reasonable because it is based on rules of evidence that are appropriate to the circumstances. … the rule against bias – the decision-maker not having a personal interest in the outcome; and additionally.
What are the exceptions to the rule of natural justice?
Exceptions to principles of natural justice:
Statutory Exclusion
: If it is especially mentioned in the provisions then this proinciple may not be followed. Emergency: When there is emergency, then chance of fair hearing may not be given but afterwards it must be followed when emergency is over.
What is the role of natural justice?
Natural justice allows
a person to claim the right to adequate notification of the date, time, place of the hearing as well as detailed notification of the case to be met
. This information allows the person adequate time to effectively prepare his or her own case and to answer the case against him or her.
What is distributive and procedural fairness?
Distributive justice refers
to the perceived fairness of outcomes or resource allocations
(Adams, 1965; Walster, Walster, & Berscheid, 1978), whereas procedural justice refers to the perceived fairness of rules and deci- sion processes used to determine outcomes (Lind & Tyler, 1988; Thibaut & Walker, 1975).
