Just Cause Case Study

The term ‘just cause’ refers to a standard that must be met to justify the disciplining or dismissal of an employee.
'Just cause' acts as a protection for both the employee and employer. For the employer, it helps protect the organization from exposure and suffering expensive losses by wrongfully punishing an employee. It also protects the employee from being disciplined or terminated without a valid cause.
The general ‘just cause’ standard came about from a previous case decided in 1966, in which an employee was fired for failing to perform the tasks given by his employer. The labor contract that was used at the time stated that management had the right to discipline or discharge employees for ‘cause’. It also stated that employees could

Did the Employer give the Employee forewarning for or foreknowledge of the possible or probable disciplinary consequences of the Employee’s conduct? (Escalera, Kainen, McHale, 2017).

The employer is responsible for warning employees of behavior that can lead to discipline. This can be done via a verbal or written warning, but the employees need to have known in advance that their conduct would result in discipline.
(2) Reasonable Rule and Order. Is the rule or order reasonably related to the orderly, efficient, and safe operation of the business? In other words, just cause discipline requires job-related reasons and must be related to the employer’s stated goals and objectives.
(3) Investigation. Did the Employer, before administering discipline to an Employee, make an effort to conduct an investigation and discover whether the Employee did, in fact, violate or disregard a rule or order of the

Did the Employer obtain substantial evidence or proof that the Employee was guilty as charged?
The burden of proof is on the employer. Although proof does not have to be beyond a reasonable doubt, it must go beyond speculation. (6) Equal Treatment. Has the Employer applied its rules, orders, and penalties evenhandedly and without discrimination to all employees?
Discipline must be the same for everyone. For example, people committing the same or similar offenses should receive the same discipline. Difference in treatment can be considered disparate treatment and discriminatory.
(7) Penalty. Was the degree of discipline administered by the employer reasonably related to the seriousness of the employee’s proven offense, and the employee’s past record?
An employee’s past record is relevant in that a good past record and other mitigating circumstances can often lessen a penalty, whereas, a bad past record cannot be used to prove guilt of a new violation. Discipline should be progressive and it should