Procedural Fairness Manual

Procedural Fairness Manual – This manual has been designed as a practical guide for managers and HR professionals to help them understand and apply the principles of Procedural Fairness.

Ensuring the you afford employees Procedural Fairness when investigation allegations of misconduct or conducting performance related management is crucial.

Failure to afford an employee Procedural Fairness can result in;

  • Successful unfair dismissal action by terminated employees at the Fair Work Commission
  • Orders for compensation against the employer
  • Orders for reinstatement of the terminated employee
  • Negative publicity and damage to brand image
  • Negative impact on the business in general

The Procedural Fairness manual is not a theoretical publication but rather a guide to be used during the investigation of complaints or the conduct of performance management.

The Procedural Fairness manual covers;

General rules of Procedural Fairness – the rights of the employee in disciplinary and performance matters

  • The right to know
  • The right to be heard
  • The right to have the decision based on the evidence
    The right to an unbiased decision maker
  • The right to a support person
  • Allegations and allegation letters
  • The role of a support person
  • Bias and Conflict of interest 

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It is suggested that this manual is read in conjunction with the AWPTI Investigation Interview, Reasonable Management Action, Duty of Care and Investigation Evidence Manuals.

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