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Just Cause

What is “Just Cause?”

The Contract provides that non-probationary employees may only be terminated for “just cause.”  While every case is different, some of the principles of just cause are:

1.     Reasonable Rule or Order

The rule or order the employee is charged with violating should be reasonable.

2.     Notice

The employer should notify employees of rules to be applied, and warn of the consequences of violations. 

3.     Investigation

The employer, before imposing discipline, should conduct an investigation to discover whether the employee really violated the rule as charged.

4.     Fair Investigation

The employer’s investigation should be conducted fairly and objectively.

5.     Proof

The employer has the burden of proving that the employee is guilty of the charged offense.

6.     Equal Treatment

The employer should apply the rule at issue even-handedly to all employees.

7.     Fair Penalty

The degree of discipline imposed should be reasonable, and not excessive, in light of the seriousness of the offense and the employee’s record of service.


 
 
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