ERIC Number: ED175132
Record Type: Non-Journal
Publication Date: 1979-Jun
Reference Count: N/A
Natural Justice: Its Definition and Application to the Termination of School System Employees.
Anderson, Judith C.; Anderson, James E.
The Canadian concept of "natural justice" is equivalent to "due process" in the United States. This paper traces the evolution of natural justice from English common law to its function in present day Canadian law. The extension of natural justice to school board employees is discussed. The paper points out that although in the past, the rules of natural justice applied to judicial acts rather than administrative acts, in recent times this distinction has been downplayed. The rules of natural justice have been extended to administrative acts through the concept of "fairness." The paper traces the emergence of fairness in Canadian law and its application to school board employees. The elements of fair process discussed are (1) employees should know their employers' expectations; (2) an employee should know if he or she is not meeting expectations; (3) an employee should be provided with help and time to remedy deficiencies; (4) an employee should know the probable results of a failure to improve performance; (5) the employee should be a full participant in the process of evaluation; and (6) the basis of the process should be empirical data. It is pointed out that boards must use their legislative powers to enact a policy of fair process. (Author/JM)
Publication Type: Guides - General; Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Canada