When intervening, the Ombudsman puts forward not only the applicable legal standards, but also the rules of justice and equity. The handling of situations referred to her, reflects the values of respect for the individual, fair treatment of problems, transparency, and accountability. The work in dispute prevention and resolution favours an approach based on collaboration and the openness of the parties to identify mutually satisfactory solutions.
Standards of Fairness
The following standards of fairness are applied by the Ombudsman in assessing situations referred to her. These standards should also be used as guidelines for managers making decisions in reviewing cases.
Procedural Fairness
- Information about a decision must be adequate and accessible. It must be provided in a timely manner.
- Everyone who is affected by a decision must be given an opportunity to present their views before a decision is made.
- Appropriate review and consideration of all relevant information must be undertaken before a decision is made.
- Decisions must be reasoned and communicated to those affected in a timely manner.
- New standards should be known and should not be retroactive.
- Encourage and promote information and consultation with community members.
Reasonableness of the decision
- Beyond the respect of the law and regulations, be attentive to the respect of fundamental rights and freedoms.
- Framing decisions with criteria and parameters that allow for objective and explainable applications as much as possible.
- Decisions must not only comply with the Law and the Institute's regulations, but also be reasonable, fair, and timely.
- Avoid relying on a rigid interpretation of the laws and regulations and instead favour an interpretation that is consistent with the objectives of the standard being interpreted.
Relational fairness
- Promote a personalized and respectful approach to individuals. Consider difficulties, limitations, and disabilities.
- A decision should not be abusive; it should not be the result of an abuse of authority, nor should it be used to intimidate, punish, or harass.
- Humanize relationships by avoiding impersonal treatment of individuals.
