NATURAL JUSTICE / PROCEDURAL FAIRNESS

The following are generally considered to indicate natural justice or procedural fairness when dealing with a dispute

• The right to be fully informed of the complaint, including the name of the complainant

• The right to reply in full to the complaint

• The right to be considered innocent until proven guilty

• The right to be represented or supported by another person

• The right to have information about the complaint restricted to
those who are directly involved

• The right to be given the benefit of any reasonable doubt

• The right to have all mention of the matter removed from personal records if the case is not upheld

• The right to be informed of any avenues of appeal


alleged-evidence

 Apart from the pain caused to people by being suspended, trying to get information on the process being used, and the lack of communication, has been like rubbing salt into an open wound.

And NOW, with people being notified of investigations, or being unsuspended (but without any evidence of allegations being WARNED not to do it again) it is causing even further agony.

The reason is that there seems to be no set procedure being followed, and if there is one, people generally are not being made aware of it, and not being made aware of what is going to happen to them in the process: what stage they are at, what rights they have etc This rule book process please:

The 2016 rule book the procedure is:

1. Allegation is made of breach of rule, constitution, standing orders per Chapter 6 Clause 1

2. Allegation goes to NEC for determination. Or delegated sub unit e.g. 3 NEC members in Compliance Unit.

3. NEC can suspend pending investigation. This power can be delegated to national Officer per Chapter 1 Clause VIII (5)

4. NEC appoints National Officer/s to Investigate

5. If after Investigation NEC determines Offence committed refers to NCC for determination.

6. NCC considers case makes ruling on if committed and the penalty 7. If the member appeals the NCC or panel thereof conducts appeal in writing or at

7. If the member appeals the NCC or panel thereof conducts appeal in writing or at oral hearing.

8. Final decision uphold penalty or rule no offence and discharge.

Mission

NATURAL JUSTICE

What are the rules of natural justice?

The principles of natural justice concern procedural fairness and ensure a fair decision is reached by an objective decision maker.

Maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process.

A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply.

The principles of natural justice were derived from the Romans who believed that some legal principles were “natural” or self-evident and did not require a statutory basis.

These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions.

Three common law rules are referred to in relation to natural justice or procedural fairness.

The Hearing Rule

This rule requires that a person must be allowed an adequate opportunity to present their case where certain interests and rights may be adversely affected by a decision-maker.

To ensure that these rights are respected, the deciding authority must give both the opportunity to prepare and present evidence and to respond to arguments presenting by the opposite side.

When conducting an investigation in relation to a complaint it is important that the person being complained against is advised of the allegations in as much detail as possible and given the opportunity to reply to the allegations.

The Bias Rule

This second rule states that no one ought to be judge in his or her case. This is the requirement that the deciding authority must be unbiased when according the hearing or making the decision.

Additionally, investigators and decision-makers must act without bias in all procedures connected with the making of a decision.

A decision-maker must be impartial and must make a decision based on a balanced and considered assessment of the information and evidence before him or her without favouring one party over another.

Even where no actual bias exists, investigators and decision-makers should be careful to avoid the appearance of bias. Investigators should ensure that there is no conflict of interest which would make it inappropriate for them to conduct the investigation.

The Evidence Rule

The third rule is that an administrative decision must be based upon logical proof or evidence material.

Investigators and decision makers should not base their decisions on mere speculation or suspicion.

Rather, an investigator or decision maker should be able to clearly point to the evidence on which the inference or determination is based.

Evidence (arguments, allegations, documents, photos, etc..) presented by one party must be disclosed to the other party, who may then subject it to scrutiny.

Investigators and decision makers should not base their decisions on mere speculation or suspicion.

Rather, an investigator or decision maker should be able to clearly point to the evidence on which the inference or determination is based.

Evidence (arguments, allegations, documents, photos, etc..) presented by one party must be disclosed to the other party, who may then subject it to scrutiny.
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English legal system doctrine that protects against arbitrary exercise of power by ensuring fair play. Natural justice is based on two fundamental rules:

(1) Audi alteram partem (Latin for, hear the other side): no accused, or a person directly affected by a decision, shall be condemned unless given full chance to prepare and submit his or her case and rebuttal to the opposing party’s arguments;

(2) Nemo judex in causa sua (Latin for, no man a judge in his own case): no decision is valid if it was influenced by any financial consideration or other interest or bias of the decision maker.

These principles apply to decisions of all governmental agencies and tribunals, and judgments of all courts, which may be declared to be of having no effect (ultra vires) if found in contravention of natural justice.

CLICK TO SIGN STATEMENT: NATURAL JUSTICE for Labour Party Complaints Procedure

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