What are the 7 tests of just cause?
Reasonable Rule or Work Order. Is the rule or order reasonably related to the orderly, efficient, and safe operation of the business?
Who uses the 7 steps of just cause?
In 1966, an arbitrator, Professor Carroll Daugherty, expanded these principles into seven tests for just cause. The concepts encompassed within his seven tests are still frequently used by arbitrators when deciding discipline cases.
What is just cause in nursing?
Just cause is the standard that management must adhere to when disciplining or discharging an employee. In non-union workplaces, the employee is an at-will worker and can be disciplined or fired for whatever reason or no reason at all. The concept of just cause is well established in labor law.
Who has the burden of proving just cause in an employee discipline grievance arbitration?
The burden of proof is on the employer. Management does not have to prove “beyond a reasonable doubt”— but its evidence must be “substantial.” Speculation doesn’t cut it. In a grievance meeting, the steward or union rep should make the employer prove their case first.
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.
Is it hard to prove just cause?
Proving just cause is a very difficult, and most employers lose in court. The employer must show that the employee’s actions were so serious that it can no longer trust the employee. Thus, the employer must also show that extenuating circumstances do not justify lesser discipline.
What is just cause example?
For example, if an employer punished an employee without just cause, a Court can order the employer to compensate the worker. Just cause is legal jargon for a legitimate business reason, such as wrongdoing on the employee’s part. Just cause is often a matter of interpretation by the courts or arbitrators.
What is considered just cause for termination?
A just cause termination means that the employer has terminated your employment on the basis of serious misconduct that goes to the heart of your employment contract. A just cause termination means that the misconduct was severe enough such that your employment relationship cannot be repaired.
What qualifies as just cause?
Just cause means a legally sufficient reason. Just cause is sometimes referred to as good cause, lawful cause or sufficient cause. Just cause, in the employment context, refers to the employer’s right to discipline or terminate employees for misconduct or negligence.
What is an example of a just cause?
Just cause no longer requires fault on the part of the employee or a blameworthy error or omission. For example, innocent absenteeism for a prolonged sickness (sick leave) or incompetence are example of what may constitute just causes for summary dismissal.
How many tests are there for just cause?
It is commonly accepted that there are seven tests as to whether a boss has used “just cause” in handing out discipline. The Bureau of National Affairs lists them as follows:
Why is the word ” just cause ” important in a sentence?
The importance of a sentence like this is that it binds the employer to imposing discipline not just for any reason (cause) but the reason has to be a “just” reason. Many arbitrators have gone so far as to hold all employers to a “just cause” standard, whether the contract uses the words or not.
When do you use ” Just Cause ” in a contract?
In some contracts the words used are “proper cause” or “fair cause”. The importance of a sentence like this is that it binds the employer to imposing discipline not just for any reason (cause) but the reason has to be a “just” reason.
Why do we need a just cause standard in arbitration?
This standard of just or good cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. Arbitrators are more familiar with this standard than they are with the efficiency of the service. Is there a demonstrable difference?