Article 36: Fairness and Natural Justice

36.01 The Parties agree they shall exercise their respective rights under this Collective Agreement fairly and reasonably, in good faith and without discrimination, and in a manner consistent with the provisions of this Collective Agreement.

36.02 The Parties are agreed that the rules of natural justice apply to the following proceedings or hearings involving a Member:

(a) Department, School, College or similar unit committees or Faculty committees considering a Member for reappointment, promotion, tenure, appointment without term or continuing appointment, and

(b) the University Tenure Committee, and

(c) the University Promotion Appeal Committee, and

(d) the Dalhousie University Hearing Committee, and

(e) the University Grievance Committee

provided that such rules of natural justice are consistent with the provisions of this Collective Agreement.

36.03 A Member has the right to reasonable notice of and the right to attend any proceeding or hearing or portion thereof involving the Member’s specific case which is held by a committee referred to in Clause 36.02, provided that there shall be no right to attend proceedings or hearings or portions thereof which are solely and exclusively deliberations of the committee. Additionally, the Member has the right to make submissions to such a committee. The Member has the right, on request, to receive written reasons for the decision of such a committee.

36.04 No person who has been involved as a decision-maker at any stage in any of the proceedings covered by Clause 36.02 shall participate as a decision-maker at a later stage of that case.

36.05 The President of the Association or his or her delegate may attend any appeal hearing of the University Tenure Committee or the University Promotion Appeal Committee as an observer.

36.06 Members serving on any committee referred to in Clause 36.02 shall exercise their responsibilities fairly and reasonably, in good faith and without discrimination and in a manner consistent with the provisions of this Collective Agreement and, where appropriate, in accordance with Clause 36.02.