The hearing rule
The hearing rule demands that a decision maker must give an opportunity to a
person whose interests may be adversely affected by their decision the opportunity to
be heard. This means the employee in disciplinary proceedings, must be provided
with as much detail as possible about the allegations against him/her and the factual
basis for those allegations and be afforded the opportunity to respond. Where
documentary evidence supports allegations (providing it is not subject to privilege -
such as legal advice) that must generally be provided to the employee in advance of
a hearing. This means information is usually provided to the decision maker in the
form of oral submissions, documentary evidence and questioning of the employee
(and, obviously the answers and submissions from him and/or his representatives
thereto). Note that this aspect of natural justice can be satisfied in a number of ways.
If, for some reason, the employer is not able to question an employee2
, allegations
may be put to the employee in writing and the employee given a reasonable
opportunity to respond either orally or in writing