The Best and the Fairest.


The law is about principles and procedures. In practice, it is guided by both. In the courts, the principles of justice and fairness are upheld through procedural fairness or due process as well as impartiality and the opportunity for recourse.

Outside the courts however, particularly in the workplace, all too often the due process is flawed. We have seen in recent times the high-profile cases where social media backed by commercial media can amplify a matter and go viral across the world. In such an environment, the principles of justice and fairness would seem to be second to instant responses and 24-hour commentary. The reality in most matters is that we should not comment because there is so much we do not know. Procedural fairness has not occurred.
Workplace matters in contention require Policies and Procedures that demonstrate a fair go all round. This is otherwise interpreted as procedural fairness.

Research has confirmed employees care as much about the fairness of the process which brings about the outcome as they do about the outcome itself. All those involved in any workplace matters of contention be it a disputes procedure, or a workplace investigation, will be more accepting of the outcome if they feel they have been truly and properly listened to through the process.

Policies and Procedures with attestation of parties involved allows for demonstration of engagement and acknowledgement

Here is an interesting article on the topic. Thanks to USA Today.

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