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Human Resource Management - Page 496: "Were Outcomes Distributed Fairly?" Fairness Would Not Include

The document discusses the concepts of procedural justice and due process. It defines procedural justice as focusing on whether the procedures that led to a decision were fair, clear, and allowed employee input. Due process is described as a key part of procedural justice for human resources decisions like promotions, pay, and discipline. The document then provides more details on procedural due process, explaining that it guarantees basic fairness through requirements like notice, an opportunity to be heard by an impartial decision maker, and a chance to raise objections. Fairness can vary based on the interests at stake and greater protections are afforded for more important rights.

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114 views2 pages

Human Resource Management - Page 496: "Were Outcomes Distributed Fairly?" Fairness Would Not Include

The document discusses the concepts of procedural justice and due process. It defines procedural justice as focusing on whether the procedures that led to a decision were fair, clear, and allowed employee input. Due process is described as a key part of procedural justice for human resources decisions like promotions, pay, and discipline. The document then provides more details on procedural due process, explaining that it guarantees basic fairness through requirements like notice, an opportunity to be heard by an impartial decision maker, and a chance to raise objections. Fairness can vary based on the interests at stake and greater protections are afforded for more important rights.

Uploaded by

Cha Ancheta Cabigas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Tanada v Tuvera G.R. No.

L-63915 April 24, 1985 - It is a rule of law that before a


person may be bound by law, he must first be officially and specifically informed
of its contents .


Sec 3, Article 13, 1987 Constitution

The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equality of employment opportunities
for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining and
negotiations, and peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may be provided
by law.
The State shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between workers and employers, recognizing the
right of labor to its just share in the fruits of production and the right of enterprises to
reasonable returns to investments, and to expansion and growth.


Article 19, Civil Code -

Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.


Human Resource Management Page 496
JOHN H. JACKSON,ROBERT L. MATHIS

Whether employees perceive fairness or justice in their treatment depends on at least
two (2) other factors that are more psychological than legal in nature. First, people
obviously prefer favorable outcomes for themselves. They decide the favorability of
their outcomes by comparing them with the outcomes of others, given their relative
situation. The decision involved the concept of DISTRIBUTIVE JUSTICE, which deals
with the questions Were outcomes distributed fairly? Fairness would not include
disciplinary actions based on favoritism when some are punished and others are not.
Therefore fairness often is depended on employee perception. It is ultimately a
subjective determination.

The second factor, PROCEDURAL JUSTICE, focuses on whether the procedures that
led to an action were appropriate, were clear, and provided an opportunity for an
employee input. PROCEDURAL JUSTICE deals with the question Was the decision-
making process fair?
Due Process is a key part of procedural justice when making promotion, pay,
discipline, and other HR Decisions.


PROCEDURAL DUE PROCESS - Procedural due process refers to the system or
method that a government uses to determine whether it should take action that would
deprive a person of life, liberty, or property. Basic procedural due process rights
afforded to people in the United States include the right to notice, a right to a
hearing before an impartial decision maker, and an opportunity to raise
objections. These procedural rights help protect a person from arbitrary governmental
action. Procedural due process will vary based on the jurisdiction and on the interest
that is at stake. For instance, a government will likely afford greater procedural
protections to a person whose freedom is at stake than to someone who may lose his or
her drivers license.
(http://www.wisegeek.com/what-are-the-different-types-of-due-process.htm)

PROCEDURAL DUE PROCESS
The Due Process Clause is essentially a guarantee of basic fairness. Fairness
can, in various cases, have many components: notice, an opportunity to be heard
at a meaningful time in a meaningful way, a decision supported by substantial
evidence, etc. In general, the more important the individual right in question, the
more process that must be afforded. No one can be deprived of their life, for
example, without the rigorous protections of a criminal trial and special determinations
about aggravating factors justifying death. On the other hand, suspension of a driver's
license may occur without many of the same protections.
(http://law2.umkc.edu/faculty/projects/FTRIALS/conlaw/proceduraldueprocess.html)

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