17. Procedural Fairness and Remedies

Abstract

This chapter first examines the various conceptions of procedural fairness. It then underscores the diversity and adaptability of the standards of procedural fairness. It charts the approach of the tribunals and courts to the standards of procedural fairness and analyses the stages of a procedurally fair process. Finally, the chapter probes the remedies available in the case of a successful unfair dismissal, including the calculation of the basic award, the measure of compensation payable in the case of the compensatory award, and the orders of reinstatement and re-engagement. The chapter concludes with an overall assessment of the efficacy of the statutory unfair dismissal regime.