LLA 540 Some issues concerning procedural fairness
Context: This article discussed a number of questions which have arisen in the context of procedural fairness.
Content: Issues discussed in this article are: the discipline of shop stewards; the effect of a delay on the fairness of a hearing; second disciplinary hearing; the impact of criminal proceedings on a disciplinary hearing; the assessment of procedural fairness of a hearing in a subsequent arbitration; and the consequences which follow a procedurally unfair hearing.
Table of Contents
1. The discipline of shop stewards
2. Delays in the initiation of an investigation
3. Can a second investigation take place? The question of double jeopardy
4. Collective or mass investigations
5. Criminal proceedings and an investigation
6. The assessment of procedural fairness in a subsequent arbitration