Labour News

  Principles of Fairness in Workplace Disciplinary Processes: Lessons from a Recent Court Ruling The disciplinary process is particularly fascinating because it involves a multitude of critical aspects that must be carefully considered to ensure fairness and legal compliance.  Every step in this process is interconnected, beginning with the formulation of a proper charge.  A well-crafted charge is the foundation of a fair hearing, as it clearly defines the alleged misconduct and sets the stage for the subsequent investigation, evidence gathering, and adjudication. Each element—from the charge to the final decision—requires meticulous attention to detail.  The process must be thorough, transparent, and grounded in both procedural and substantive fairness to ensure that justice is served and that the rights of all parties involved are respected.  The complexity of these interconnected aspects is what makes the disciplinary process so intricate and engaging, as it demands a deep understan

  Module 6: The Investigation Welcome to Module 6 of Labour News! I In this module, we delve into the intricacies of conducting workplace investigations, focusing on the principle of substantive fairness and the guidelines for dismissal due to misconduct as outlined in Item 7 of the Code.  Ensuring substantive fairness during investigations is crucial for maintaining trust and integrity within an organization.  This article will provide a comprehensive overview of these concepts, supported by case studies, examples, and the latest developments in American labor law. Introduction: Substantive Fairness Substantive fairness refers to the legitimacy of the reasons for disciplinary action or dismissal.  It requires that any disciplinary action taken is based on solid, evidence-based grounds and that the punishment is proportionate to the misconduct.  Substantive fairness is essential in maintaining a just workplace and preventing wrongful terminations or unfair disciplinary actions. In the