Just Cause And Dishonesty: When Progressive Discipline Isn't Enough

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When it comes to disciplining unionized employees, the rules are different – and often more complex – than in non-union settings. The terms and conditions of unionized employees are governed by a collective agreement, which contains a specific standard of "just cause" in order to justify the termination of employment. But determining whether or not an employer has "cause" isn't the common law standard. It can be dependent on the nature of the misconduct, the seniority of the employee, the presence of mitigating factors and whether or not the employee has had the benefit of "progressive discipline" (that is, various disciplinary penalties leading up to termination) prior to the decision to terminate.