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AUDIO CONFERENCE
Assessing Appropriate Discipline
FACILITATOR:
Allen Ponak Arbitrator/Mediator
  
EXPERTS:
Stephen KrashinskySack Goldblatt Mitchell
   
Enid Marion Harris & Co.
THE ISSUES:

Some of the questions addressed:

  • What factors do arbitrators apply when assessing the appropriate level of discipline? When addressing the seriousness of the offence, are there any types of misconduct (theft, physical assault, harassment) that will always warrant discharge?

  • What mitigating factors are relevant to the determination? Should the employee's remorse lessen the penalty? Financial hardship? Unfair treatment from co-workers? Acknowledgement of responsibility? Discriminatory treatment? Provocation? Absence of premeditation? Lack of progressive discipline? What weight should seniority carry? Or a discipline-free record? What factors will exacerbate the discipline?

  • What disciplinary penalties are considered "out of bounds"? Demotions? Fines? Reduction of seniority? Public censure?

  • What are the key features of a valid progressive discipline policy? How do employers balance flexibility in tailoring appropriate discipline to the individual circumstances with the need for consistent enforcement?

  • How do arbitrators treat "zero tolerance" policies? When is such a policy likely to be upheld/rejected? For health and safety violations? Sexual harassment? Alcohol or drug use? Do arbitrators take different approaches to different industries?

 
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