LLA 540A Some issues around procedural fairness

R150.00

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.

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Description

Table of Contents

1. The discipline of shop stewards…………………………………………………………………………………….. 2

2. Delays in the initiation of an investigation………………………………………………………………………. 3

3. Can a second investigation take place? The question of double jeopardy …………………………….. 4

4. Collective or mass investigations…………………………………………………………………………………… 4

5. Criminal proceedings and an investigation ……………………………………………………………………… 5

6. The assessment of procedural fairness in a subsequent arbitration

7. The consequences of procedural unfairness.

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