Natural Justice and Due Process / Procedural Fairness

Effective workplace investigations and decision making must have regard to a number of steps in the process. If decisions are made subject to rigorous criteria and the resulting decision is challenged, the decision is far more likely to be upheld.
In conducting the process the employee/s have:

(a)The right to be heard.

(b)The right to be treated without bias.

(c)The right to know the nature of the issue/s concerned and information in order to fully understand and prepare responses.

(d) The right to reasonable time to prepare for interviews etc.

(e) The right to have a support person present. Where applicable, this person does not have the right to participate in the process, their role is support and obviously witness.

(f) The right to respond or contradict any statement from others involved that may be prejudicial to their case.

Finally, the evidence to support the decision must be clearly understood by all parties.

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