Chapter

Procedural Fairness

Hugh Collins

in Justice in Dismissal

Published in print April 1992 | ISBN: 9780198254355
Published online March 2012 | e-ISBN: 9780191681479 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254355.003.0005

Series: Oxford Monographs on Labour Law

Procedural Fairness

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This chapter discusses the different procedures involved whenever a dismissal is tested for its fairness. The discussion also shows how the different procedural stages interact with each other. One of the main focuses in this chapter is the conciliation stage, because its emphasis on the monetary settlements rather than strict procedural regularity seems calculated to undermine any legal support for the idea that employers should be required to adopt fair disciplinary procedures. The discussion also looks at an examination of the interpretation placed by Industrial Tribunals on the concept of fair dismissal procedures.

Keywords: dismissal; fairness; conciliation stage; monetary settlements; procedural regularity; legal support; disciplinary procedures; Industrial Tribunals

Chapter.  18276 words. 

Subjects: Employment and Labour Law

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