Dear PMSL:
When referring to the Principles of Natural Justice and the Principles of Good Industrial Relations, the term “reasonable” is often used. But no one defines it. What is “reasonableness”?
PMSL’s Response:
This seemingly vague concept has its origins in the English Legal System and is often explained by using the circular definition: “reasonableness is what is reasonable to the reasonable person”. Since “the reasonable person” may not, in fact exist, or, at best is perceived as someone different to different people, it is important to make distinctions where there are differences.
The “reasonable man” is actually a fictional person who we assume has an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectations in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something (eg. the existence of negligence). Sir Charles Bowen, QC (later Lord Bowen) equated ‘the man on the Clapham bus’ as ‘the reasonable person’, which is English-speak for the average person.
Why Clapham? Well the choice of the bus from Clapham, a middle income area of South-West London, has no special meaning; it is just a typical bus from a fairly ordinary place….”
So, what it comes down to is “what would be considered reasonable in the circumstances?” Locally, the test might be “what would the average person on, say, the Brian Lara Promenade or High Street in San Fernando think as to whether in the circumstances, the act of the employee or the employer was reasonable?
Though this may appear to be arbitrary, it is, in fact, probably easy for the ordinary Trinidadian to interpret as a “common sense”, impersonal test. It is intended to go beyond the personal and be generally applicable to everyone as a sensible standard of behaviour.
