Was the employee adequately warned of the consequences of his/her conduct? There are specific tests that have been generally recognized as defining just cause. The concept of just cause is well established in labor law. In non-union workplaces, the employee is an at-will worker and can be disciplined or fired for whatever reason or no reason at all. It means that in union settings, the employer must have a reason to act in disciplining an employee and the reason must be just and fair. Just cause is the standard that management must adhere to when disciplining or discharging an employee. Even if “just cause” is not explicitly in a contract, arbitrators will usually apply the just cause standard anyway.
It is most often found in one of the following clauses: discipline and discharge probationary period personnel files management rights or in some other contract article. Union contracts usually include a reference to “just cause”. Facebook Twitter Printer Email Additional The Concept of "Just Cause" in Union Contracts
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