Explain was the discipline reasonably related to the workers

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Reference no: EM1362412

According to Arbitrator Daugherty (Koven and Smith, 2006), there are seven tests of just cause.

•Was the worker given advance warning of the consequences of his or her conduct?

•Was the rule, order, or standard reasonably related to employee performance?

•Was the alleged violation thoroughly investigated before discipline?

•Was the investigation fair and objective?

•Did the investigation reveal convincing proof of guilt?

•Was the employer's discipline nondiscriminatory?

•Was the discipline reasonably related to the worker's record and the severity of the conduct?

How would you answer these questions based on the following scenario? Be thorough because you will be presenting this in front of the union.

Scenario

An employee received a disciplinary letter for her personnel file, because she made a mistake on the job. This letter removes seniority points from her record. The company is in the middle of layoffs, and as a result of this letter, this employee would be next for layoff, when without the letter, she would have been safe. The mistake did not cost the business money, but rather, "embarrassment to the supervisor," according to the employee. The contract states that the disciplinary process may be used for performance issues. The supervisor stated that the employee's mistake was a performance issue, and he had the right to issue a disciplinary letter. This employee's previous performance appraisals have been satisfactory and above.

Reference no: EM1362412

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