It is good practice to give employees an opportunity to comment before making decisions that employees are likely to be concerned about. This helps manage relationships and may identify new and relevant information to consider.
In some cases it may not be practical for the employee to provide timely input. In other cases the employee may have had earlier opportunities to state their case before the decision was made.
For example: A manager holds the view that an employee is performing poorly and shouldn't advance a salary point.
The manager is unable to communicate their intended decision because the employee is on sick leave and in circumstances where they cannot be contacted. The agency has medical opinion about the contribution of work-related stress to the employee's medical condition.
The employee argues that there has been a breach of procedural fairness.
However, the employee had:
- notice during the performance management cycle that there were concerns about their performance and
- been given opportunity to comment and respond to these concerns at the time.
In this case, the manager's decision was procedurally fair even though the employee was not given an opportunity to comment further before the final decision was made.