POLSCI 3LC3 Lecture Notes - Lecture 11: Ouster Clause
15 Dec 2017
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Relevant law, authority that supports it and analysis. Facts: rodd noway has been suspended from his university, he was given formal notice (but not required time frame) Analysis: 3 step process for procedure: (procedure/aap and bias) How much protection someone should get according to natural justice: 5 step test in baker: Wording of statute: low: just hearing, reasons and representations. Importance of decision: high - it"s really important to have a job and a reputation. Expectations of the individual: he wants a lawyer - therefore he is expecting a lot of rights. Notice, oral hearing, written reasons, disclosure, cross: doesn"t get: lawyer, legally trained decision maker, or a full court proceeding. Prior judicial decisions: none, agraira - cite it. No, courts do this all the time: purpose of provisions: Legal vs. factually: has rodd caused the university to su er in it"s reputation. Legal: apply the law to the facts of rodd"s case.
