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Question
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: The concept of natural justice is against bias and for the right to a fair hearing. While the term natural justice is often retained as a general concept, and it has largely been replaced and extended by the general ‘duty to act fairly’.
Facts: ‘X’, a male employee of a company was dismissed by the employer just on the basis of a complaint by ‘Y’, a female employee of the company that ‘X’ was trying to be too friendly with her and often requested her to accompany him to the canteen. Is the dismissal of ‘X’ valid?
Options
No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
Yes, moral law is antique and therefore, not applicable in modern times, therefore the termination is valid and no violations of the principles of natural justice occurred.
Yes, because men are not supposed to behave improperly with women and hence there is no violation of any principles of law
No, because in modern times this type of behaviour is common
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Solution
No, because the employer did not give a chance to ‘X’ to explain his side, thereby violated the principles of natural justice
Explanation:
No, because the employer did not give a chance to 'X' to explain his side, thereby violated the principles of natural justice.
Natural justice mandates that X should have been given a fair chance to explain his side before a decision was taken and was dismissed by his employer. There was no 'duty to act fairly' and the principle of natural justice has been violated.
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