What is just cause for discipline?
Just cause is the standard that management must adhere to when disciplining or discharging an employee. It means that in union settings, the employer must have a reason to act in disciplining an employee and the reason must be just and fair.
What are examples of just cause?
The following are some examples that may constitute just cause:
- Theft.
- Dishonesty.
- Violence.
- Wilful misconduct.
- Habitual neglect of duty.
- Disobedience.
- Conflict of interest.
What does just cause require in situations of employee discipline or discharge what does due process require?
In due process analysis, “just cause” refers to contractually established standards of conduct that an employee must breach before he or she can be disciplined or discharged.
What are the 7 steps of just cause?
The Seven Tests of Just Cause
- Fair Notice. An employer may not discipline an employee for violating a rule or standard whose nature and penalties have not been made known.
- Prior Enforcement.
- Due Process.
- Substantial Evidence.
- Equal Treatment.
- Progressive Discipline.
- Mitigating and Extenuating Circumstances.
What is the meaning of just cause?
a standard that must be met to justify the disciplining or dismissal of an employee. After a judicial hearing, the teachers were found to have been dismissed without just cause. If you can establish just cause, the employee is not entitled to notice, or pay instead of notice.
Can you be disciplined without an investigation?
If the employer does not carry out a reasonable investigation, any decisions they make in the disciplinary or grievance case are likely to be unfair. This could risk legal action.
What are the legal requirements for discipline and grievance?
General requirements for discipline and grievance procedures
- Written statement of particulars.
- Procedures implemented by the employer: requirements.
- Acas Code of Practice on Disciplinary and Grievance Procedures.
- Right to be accompanied.
- Warnings.
- Contractual challenges where procedures are incorporated into the contract.
Why is just cause important?
The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security.
What qualifies for instant dismissal?
There are some circumstances where your employer can automatically dismiss you or take disciplinary action against you without going through the normal procedures:
- Threat to your employer.
- Collective issues.
- Duty to consult.
- Industrial action.
- Your employer can’t continue to employ you.
What are grounds for immediate dismissal?
Fair reasons for dismissal (2) This Act recognises three grounds on which a termination of employment might be legitimate. These are: the conduct of the employee, the capacity of the employee, and the operational requirements of the employer’s business.
What is the difference between Weingarten and Garrity rights?
A private sector employee – for example, a manufacturing worker – possesses only Weingarten Rights, and only if s/he is in a unionized workplace. A public sector employee possesses Garrity Rights and Loudermill Rights because their employer is the government, regardless of whether he/she works in a unionized workplace.
What are the disciplinary rules?
Your disciplinary rules should cover:
- absence.
- timekeeping.
- performance.
- health and safety.
- personal appearance.
- discrimination, bullying and harassment.
- smoking, and alcohol and drugs consumption.
- use of company facilities and equipment for personal reasons in work time.
What is the difference between cause and just cause?
Firing someone for cause, for just cause or for good cause all mean the same thing. The fired employee displayed severe problems such as assaulting other employees or stealing from the company. You can fire an employee without good cause, but that action can generate legal trouble.