On Principles of Fairness

Being in leadership is the most acclaimed thing. The bark starts and stops with you. You are the one who opens the doors of opportunities for others, you also allow those who want to walk out (personal growth) to do so. Sometimes the exit is through transfer, resignation, retrenchment, death or dismissal.?Separation due to various reasons is inevitable in any contract. It may be a dream come true today, the employer and employee both happy, but no one knows tomorrow. Hence, the importance of planning for a clean separation once the conditions of work make it impossible to keep working together. ?

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Someone once told me what happened to them as they exited company X. Allegations were made against them, and a hearing was done in the offender's absence. The defendant was denied their voice to be heard in the hearing. It looked like the disciplinary committee had a preconceived bias on the subject. The witnesses were a part of the hearing proceedings, and yet the accused was told, “We don’t want to hear your side, you just want to give us excuses which we do not have time for”. After the proceedings, the accused received a termination letter and that was the end of it.

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Was it?

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Section 69(1) of the Zimbabwe Constitution provides that every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and impartial court.

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In workplace disciplinary issues, the employer refers to the charges outlined in the (Labour National Employment Code of Conduct) SI15 of 2006 or Disciplinary Procedures in the different NECs for each industry. Sometimes in an act of zeal or abuse of power, the disciplinary committee uses emotions and fails to adhere to the Principles of Natural Justice. According to Wikipedia, In?English law,?natural justice?is?technical terminology?for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). The term natural justice has been used to mean the duty to act fairly. This means that even if the evidence points to the fact that indeed the person contravened on a matter of law, the accused should be treated as innocent until proven guilty. This therefore requires that the accused be available on the date of the hearing to answer to the charges, and the opportunity to present their case so the procedure can be said to be fair.

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“The universal and absolute law is that natural justice which cannot be written down, but which appeals to the hearts of all.”—?Victor Cousin

Today we will talk about the two main Principles of Natural Justice we can relate to in everyday lives

1.??? Nemo Judex in Causa Sua or Rule Against Bias?

This principle states that no person can judge a case they are interested in. This means the decision-makers must show the highest level of impartiality and unbiasedness in their final decision.

The rule against bias can be divided into four types as stated on testbook.com :

a.??? Personal Bias: Personal bias results from a relationship between a decision-making authority and the parties that inclines him/her unfavorably.?

b.??? Pecuniary Bias: When a judge has a financial interest that can impact their judgment. It refers to Pecuniary Bias.?

c.??? Subject Matter Bias: Subject matter bias happens when the person making a decision already has a strong opinion or bias about any topic or subject.?

d.??? Policy Notion Bias: This bias occurs when a judge is influenced by their ideological beliefs.?

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2.??? Audi Alteram Partem or Rule of Fair Hearing

The principle of "audi alteram partem" is a Latin term. It means to "listen to the other side", or "let the other side be heard as well"?It is the principle that no person should be judged without a fair hearing in which each party is allowed to respond to the evidence against them.

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The rule of fair hearing according to testbook.com encompasses several aspects:

a)??? Notice: The individual facing trial must be informed of the specific nature of the accusations made against him. A person should be given oral or written intimation of the allegations. He/ she must be given a reasonable opportunity to prepare and respond.

b)??? Right to be heard: A person should be given a fair opportunity to present their case. For example, the right to call witnesses, cross-examine witnesses presented by the other side and make legal arguments.

c)??? Opportunity to present evidence: A person should have the right to submit evidence to support their case.

d)??? Impartial decision-maker: The decision-maker should be neutral and unbiased. He should be free from conflicts of interest that may affect their judgment.

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In conclusion, it is important to note the following when we want to discuss the subject of fairness in a disciplinary hearing set up to avoid companies losing money should one appeal

1.??? No one should be a judge in a matter they have an interest in.

2.??? Condemning someone without giving them a chance to defend themselves is unfair

3.??? Condemning someone without giving them a chance to defend themselves is unfair

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