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    Just Cause..

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    Alex Jay
    This document discusses an employer's decision to discipline an employee according to seven tests of just cause. The employer's decision fails to meet several of the tests. Specifically, the degree of discipline was not clearly stated in the contract, the employee's actions did not cause financial loss or operational issues, and the investigation appeared biased based solely on the supervisor's statement without concrete proof or a neutral third party. Additionally, the employee had a good performance record and the punishment seemed severe relative to the actions. Therefore, the employer's decision violated just cause and was liable to be dismissed.

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    Just Cause..

    Uploaded by

    Alex Jay
    140 views3 pages
    This document discusses an employer's decision to discipline an employee according to seven tests of just cause. The employer's decision fails to meet several of the tests. Specifically, the degree of discipline was not clearly stated in the contract, the employee's actions did not cause financial loss or operational issues, and the investigation appeared biased based solely on the supervisor's statement without concrete proof or a neutral third party. Additionally, the employee had a good performance record and the punishment seemed severe relative to the actions. Therefore, the employer's decision violated just cause and was liable to be dismissed.

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    This document discusses an employer's decision to discipline an employee according to seven tests of just cause. The employer's decision fails to meet several of the tests. Specifically, the degree of discipline was not clearly stated in the contract, the employee's actions did not cause financial loss or operational issues, and the investigation appeared biased based solely on the supervisor's statement without concrete proof or a neutral third party. Additionally, the employee had a good performance record and the punishment seemed severe relative to the actions. Therefore, the employer's decision violated just cause and was liable to be dismissed.

    Copyright:

    Public Domain
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    140 views3 pages

    Just Cause..

    Uploaded by

    Alex Jay
    This document discusses an employer's decision to discipline an employee according to seven tests of just cause. The employer's decision fails to meet several of the tests. Specifically, the degree of discipline was not clearly stated in the contract, the employee's actions did not cause financial loss or operational issues, and the investigation appeared biased based solely on the supervisor's statement without concrete proof or a neutral third party. Additionally, the employee had a good performance record and the punishment seemed severe relative to the actions. Therefore, the employer's decision violated just cause and was liable to be dismissed.

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    There are seven tests for just cause on whose basis the employers decision shall have to

    be judged. In case any of the seven requirements is not met, the discipline will have to be
    dismissed. In the given case first of al the question arises regarding the adequate
    warning. As per the employer the contact contains the statement that disciplinary process
    may be used in case of performance issues. But even in case it is mentioned in the
    contract, the expected degree of discipline is not clearly stated.
    The second point is related to the reasonableness of the order that whether the order was
    reasonably related to the orderly, safe and efficient operation of the business. Here, the
    employer has made it clear that the employees act has caused embarrassment to the
    supervisor but at the same it has not caused any financial loss or disturbance to the safe
    operation of the business.
    The third point is related to the thorough investigation of the case. Records do not
    indicate any kind of loss but only embarrassment to the supervisor which has been
    mentioned by the employer. However, in this case too there is the requirement of a third
    party who must have observed it.
    There is also no concrete proof to indicate that there was a fair and objective
    investigation, but only statement made by the supervisor on whose basis the letter has
    been issued.
    There is neither any convincing proof apart from the statement of the supervisor that the
    employee has committed the mistake. Any substantial proof that it was the result of the
    employees mistake is not present there. The employers decision cannot be said to be
    either non discriminatory. At first instance the decision seems to be biased in favor of the

    supervisor. The employee may be receiving unfavorable treatment and there is also non
    concrete evidence that could show that the supervisors statement is absolutely true.
    At last, it can be seen that the employee has a very good record. His performance has
    remained satisfactory and above. His act has neither caused any financial loss or trouble
    to the company. Therefore, it puts a question mark on the severity of the conduct also. In
    this case the mistake is not as severe as the punishment is in the given case.
    Here, it is absolutely clear that the employers decision is in the violation of the just
    cause when tested according to the seven tests and therefore, liable to be dismissed.

    References:
    Seven Tests ForJust Cause (n.d.). In stewardsGuides. Retrieved June 16, 2013, from
    https://www.afscme3336.org:8383/Docs/stewardsGuides/SevenTestsForJustCause.pdf

    Koven, A., & Smith, S. (2006). Just cause: The seven tests (3rd ed.). Arlington, VA: BNA
    Books.
    http://www.cheshnotes.com/2016/09/academic-integrity-and-ethics/
    http://www.cheshnotes.com/2016/09/legalization-of-marijuana/

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