Reference no: EM132880787

Jane Do is a forty-five year old who has worked in a unionized factory manufacturing handbags for the past six years. Jane was the only bread earner in her family and she lives with her elderly parents who financially depend on Jane. In January 2020, Jane Smith was dismissed due to her chronic absenteeism. She was late for work almost every day for the past year and her Supervisor had spoken to her about this a few times. Prior to this, Jane had a discipline-free service record. The workers are represented by Union Strong Local 123. The union grieved on behalf of Jane and the case went to arbitration. During arbitration, the union tried to use mitigation factors to argue that Jane Do was wrongfully dismissed. Please answer the following questions:

1) Explain what culpable behaviour means and list the three elements of culpable behavior in the arbitration process

2) What is mitigation factor? List four mitigation factors and explain how the union may use them to defend Jane's case.

3) In your opinion, do you think Jane should be dismissed? Why do you think so?