Common use of Procedural Fairness Clause in Contracts

Procedural Fairness. The employer must have good grounds to discipline and/or dismiss and any disciplinary process needs to be procedurally fair. Procedural fairness requires that you will: 1. Be fully and fairly informed of the allegation or allegations against you; 2. Have an informed, full and fair opportunity to respond to the alleged breaches of conduct/ poor performance, including by being: i. provided with all information generated by the investigation; ii. notified of potential disciplinary outcomes at the outset; and iii. given the opportunity to comment on any proposed penalties and raise any matters relevant to mitigation, prior to a final decision being made. 3. Have your responses considered with an open mind; 4. Be provided with an opportunity, within a specified time frame to correct the conduct/performance, with the assistance and support of the employer (except in the case of serious misconduct or after a final written warning); 5. Have the right to representation at all stages of the process. The Employer also agrees that: 1. Any delegate or investigator appointed to conduct an investigation will investigate fully, fairly and impartially; 2. Any warnings will be issued with the approval of a Human Resources manager or advisor; and 3. In circumstances where disciplinary action is taken, the decision and the reasons for it, will be provided in writing to you; and 4. Employees shall be advised of their right to challenge any disciplinary decision.