Employers Must Have "Just Cause" For Discipline

Many grievances result from disciplinary actions. Employers have the right to discipline employees for misconduct, but they must do so within limits set by law and legal precedent.

Employers must have “just cause” for their disciplinary actions. And that doesn't mean they can discipline you “just cause” they want to.

Stewards can use these seven questions to establish whether the employer has just cause. A “no” answer to any of them usually indicates the company acted without just cause.

1. Was the employee given advance warning that the behavior would or could result in discipline? The most obvious warning is a direct statement to the employee; for example, “If you continue to use that tool incorrectly, I'm going to have to write you up.” But advance warning may be contract language, information passed along during training, or company rules, whether written or verbal. Ask probing questions to determine whether any warning was ever given.

To learn more about the educational opportunities available from the International, or to schedule a steward training session for your local lodge, contact Education and Training Services.