Login
Login

Your trusted CPD partner

16NJEW

Natural Justice in Employment

NZ $30.00
incl GST
Contact us to order
Andrew Scott-Howman 2015
Andrew Scott-Howman
Barrister
Wellington

Author: Andrew Scott-Howman
Published: 26 April 2016
Pages: 20

Introduction

The concepts which underpin natural justice are said to have originated in Roman systems of law. They are often regarded as being so basic that they should be self-evident to any person with an inherent sense of fairness.

Most lawyers are aware that the principles of natural justice apply to any tribunal or public authority with decision making power (and indeed this is expressly provided by s 27 of the New Zealand Bill of Rights Act 1990). Most practitoners do not, however, necessarily have an intimate knowledge of the rules and their application.

Moreover, the suggestion that parties to the employment relationship must comply with rules of natural justice may come as a surprise to many who practise in the area. Employment lawyers should, however, be versed in the area of natural justice – and, more importantly, be in a position to advise parties to an employment relationship on their application.

The purpose of this paper is to:
  • Provide an examination of the prinicples of natural justice;
  • Explain how, and when, these principles apply in employment law; and
  • Give a practical guide to their application.
 

Content outline

 
  • A broad overview: what is natural justice?
    • “Procedural fairness”
    • What does natural justice mean in a workplace setting?
  • The first key obligation: freedom from bias
  • The second key obligation: the duty to hear from both sides
    • Obtaining the respondent’s response
    • Might there be a need to make further enquiries?
  • The investigator’s report
    • Need a draft decision go to the parties and/or employer?
View contents page

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

Employment Fundamentals - managing the relationship

Publication Date: 11-Jun-2015

Authors: Bridget Smith, Andrea Twaddle

NZ $45.00
incl GST

Multiple Registration

Employment - Dealing with Difficult Contractual Issues

Publication Date: 04-May-2015

Authors: Susan Hornsby-Geluk, Andrea Twaddle

NZ $45.00
incl GST

Multiple Registration
 
CONTACT
INQUIRIES
freephone (within NZ)
0800 333 111

EMAIL 
cle@lawyerseducation.co.nz

PHONE
04 472 7837

FAX
04 463 2986
 
ADDRESS
NZLS CLE Ltd
Law Society Building
26 Waring Taylor Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand