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Saturday, May 9, 2020 | History

2 edition of Understanding substantive fairness found in the catalog.

Understanding substantive fairness

Smith, Stephen A.

Understanding substantive fairness

by Smith, Stephen A.

  • 285 Want to read
  • 22 Currently reading

Published by Faculty of Law, University of Toronto in [Toronto] .
Written in English

    Subjects:
  • Contracts.,
  • Fairness.

  • Edition Notes

    Statementby Stephen A. Smith.
    SeriesLegal theory workshop series -- WS 1994-95 (6)
    ContributionsUniversity of Toronto. Faculty of Law.
    Classifications
    LC ClassificationsK235.L46 .S66 1995
    The Physical Object
    Pagination29 p. ;
    Number of Pages29
    ID Numbers
    Open LibraryOL16537271M

    Plagiarism Declaration I declare that Assessing the Substantive Fairness in Dismissal for Operational Requirements is my own work, that it has not been submitted before for any degree or examination in any other university, and that all the sources I have used or quoted have been indicated and . 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 .

      The study, described in a paper recently published in PLoS ONE, shows that children as young as 3 consider merit—a key part of more-advanced . fairness perceptions. Negotiators rely upon their perceptions of distributive and procedural fairness in making offers and demands, reacting to the offers and demands of others, and deciding whether to reach an agreement or end negotiations. Because fairness perceptions are so significant in understanding.

    We examine the respective roles of substantive understanding (i.e., understanding of factual knowledge, concepts, laws and theories) and procedural understanding (an understanding of ideas about evidence; concepts such as reliability and validity, measurement and calibration, data collection, measurement error, the ability to interpret evidence and the like) required to carry out an open-ended. ] THE PROCEDURAL FOUNDATION OF SUBSTANTIVE LAW phenomenon of law."4 And the originality of the dichotomy was "a major point of the entire structure of Of Laws in General., 5 In previous work I have credited (or blamed, as the case may be) Sir.


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

COVID Resources. Reliable information about the coronavirus (COVID) is available from the World Health Organization (current situation, international travel).Numerous and frequently-updated resource results are available from this ’s WebJunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus.

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 .