| 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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