Understanding substantive fairness

Understanding substantive fairness by Smith, Stephen A. Download PDF EPUB FB2

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The areas of procedural and substantive fairness most often exist in the minds of employers, H.R. personnel and even disciplinary or appeal hearing Chairpersons as no more than a swirling, gray thick fog.

This is not a criticism – it is a fact. Whether or not a dismissal has been effected in acc. The tools in Understanding Fairness include: • a fairness framework that recognizes three aspects of fairness: procedural, substantive, and relational • standard definitions of some commonly used fairness terms • a guide to meeting the requirements of fairness in municipal decision making.

Explore solutions based on this understanding. Test the fairness of various proposals being considered by offering stakeholders the hypothetical opportunity to change places with each of the other stakeholders.

Ask each to describe the fairness of the resolution from this new vantage point. THE ROLE OF SUBSTANTIVE LAW AND PROCEDURE IN THE LEGAL PROCESS HERE seems to be a general assumption today that the "Science of Law " is not adequately performing its func-tion in the judicial process.

When a great lawyer can voice the general opinion of the bar in stating that the confusion and un. book can be used in that fashion. A more profitable approach, however, to truly understanding administrative law—and for practicing administrative law after your admission to the bar—is to keep two questions in mind from the beginning: (1) What are the rules of the game, both substantive and.

Test to determine substantive fairness in a dismissal for operational requirements. Operational requirements dismissals are governed by section of the Labour Relations Act 66 of (LRA). Although crafted in procedural terms the object of section is substantive.

It is aimed at the retention of jobs and if the jobs cannot be retained. Substantive Fairness In Negotiations Questions people ask about fairness and “principled negotiation” Does positional bargaining ever make sensePositional bargaining, distributive or win-lose situation happens when the two sides attempt to win, without much regard for the outcome of the other party.

It is an easy way of negotiating, consequently it is normal that people do it with a lot. Buckley: Three Theories of Substantive Fairness Published by Scholarly Commons at Hofstra Law, HOFSTRA LAW REVIEW defeating. For instance, a substantive fairness review of one part of the bargain, say the price, will be futile if sellers may respond by changing.

The Commission argues that in order to achieve substantive fairness, we should calculate Mr. Randhawa's salary increases as if he had made a two step progression from mechanic to foreman, and then foreman to superintendent, adjusting his salary each time.

Randhawa relies upon a number of factors, including the salaries for other positions in the Central Workshop, the salary awarded to the.

SUBSTANTIVE FAIRNESS. Substantive fairness concerns the fairness of the decision itself. Decision-making is a process that begins at the first point of contact with the public. From clarifying the issues to gathering data and assessing the facts, the public servant. A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text.

Introduction: understanding global procedural justice morality, especially as a matter of moral fairness.

Second, I will also concern substantive justice, namely they concern the substantive rights that people have by virtue of either their economic need or their status. Explain the difference between the concepts of “substantive” and “procedural” fairness with reference to dismissals.

• In order for a dismissal to be fair and lawful, such dismissal must be both substantively and procedurally fair. • Substantive fairness deals with the REASONS for the dismissal.

In order for a dismissal to be fair, there must be valid reasons for such conduct by an. Many managers I deal with enquire regarding procedural fairness.

This always leaves me a little taken aback as they should be familiar with their company policy and procedures in this regard. Some companies however do not have Disciplinary Policies and Procedures or guidelines for managers.

Should this be the case then there is no need to look any further than the code of good practice. Substantive: the decision itself. The fairness triangle (adapted from the Ombuds Saskatchewan fairness triangle) can be used by students, staff, faculty or administrators, whether you are making or being affected by a decision.

Relational fairness tips. Listen to understand, rather than to respond. Start studying family law chapter 2. Learn vocabulary, terms, and more with flashcards, games, and other study tools.

Search. meaning fairness in the negotiation and execution of the agreement the requirement of substantive fairness, which means fairness in the actual terms of the agreement a shared understanding with respect to the.

Fairness Principles Throughout the Justice System, 6 CRIM. & PUB. POL’Y(). WHY PEOPLE OBEY, supra note 5, at nomenon exists.6 Thus, procedural fairness is a critical part of understanding how the public interprets their experience with the.

Substantive fairness of dismissal for misconduct As stated before, section (1) of the LRA requires that, if misconduct is the reason for dismissal, it must be with fair reason. Item 7 of the Code provides some guidelines as to when misconduct will constitute a fair reason for dismissal.

Substantive justice focuses on how the legal system uses laws to constrain and direct human behavior, specifically focusing on the function and the structure of a law.

The psychology of justice literature is missing the vital distinction between laws whose function is to create social opportunities versus threats and between laws structured. This essay argues that substantive fairness - defined here as fairness with respect to a contract’s terms - is a distinct virtue of good contracts.

The essay begins by identifying two possible standards against which the fairness of a contract’s terms might be assessed: competitive market prices and standard or “normal” prices.Substantive Fairness and the Fair Work Act Under the Fair Work Act (Cth) (FW Act), a dismissal will be unfair if it is “harsh, unjust or unreasonable”.

In deciding whether this is the case, the FWC must take into account a range of factors including whether there was a valid reason for the dismissal.Procedural Fairness. Even if there are valid substantive reasons for a dismissal, an employer must follow a fair procedure before dismissing the employee.

Procedural fairness may in fact be regarded as the "rights" of the worker in respect of the actual procedure to .