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Describe the seven tests of just cause. How do these tests protect the rights of employees?
On Jun 18, 2024
When making a determination as to whether an employee was discharged for just cause, arbitrators will apply seven criteria. First, they will determine whether employees were given adequate notice or warning of the consequences of their conduct. Second, they will determine whether the rules were reasonably related to the discharged employee's performance. Third, they will ascertain whether the alleged violation was thoroughly investigated before discipline was meted. Fourth, they will evaluate the investigation procedures to determine whether they were fair and objective. Fifth, they will assess the proof, looking for "convincing" proof of guilt on the part of the employee. Sixth, they will examine similar past situations to ensure that the discipline was not discriminatory in nature. Finally, they will judge whether the discipline was reasonably related to the worker's record and the severity of the conduct.