Reference no: EM133179028
Joe works at a large, unionized hotel as a restaurant server. He's been employed for three years and had no prior discipline. He is 40 years old and the sole income earner for his wife and two children. The employer was experiencing problems of pilferage, including theft of alcohol, food, and toiletries. Therefore, it hired a privates investigator to pose as a custodian. The "custodian" roamed around looking for employee misconduct, occasionally filming suspicious activity on his phone. One night, Joe returned to the kitchen with a half-drunk expensive bottle of wine that a customer had left. Joe knows that he is supposed to pour the wine down a drain and send the bottle to recycling. HoweverJoe instead offers to give the bottle of wine to the "custodian" and tells him he can have it, but he should pretend to be taking it out to trash in case he is seen. The custodian thanks him and secretly records the next exchange in which Joe says, "shouldn't be doing this , but you seem like a nice guy and the wine is too good to waste." The investigator reports the incident to the employer, including the video, and the employer terminates Joe. The union files a grievance alleging the employer had no just cause for termination. At the arbitration hearing, Joe is apologetic and admits what he did was wrong and stupid.
1. In any discipline case there are always two issues or questions that must be addressed in making a decision about what should happen. Identify them
2. What facts in the case support the discipline imposed by the employer?
3. What facts in the case support the union's position that discipline was without just cause? or that the penalty was too severe ?
4. Are there any mitigating circumstances/factors associated with the case that support a lesser penalty? Explain
5. Assuming the role of the arbitrator in this case, briefly indicate what award you would hand down? Explain your decision
Note: Make sure that you cite all the facts in the case, including mitigating circumstances that support your decision. (Use your answers to questions 1-4 to support your decision.)