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ARTICLE · 11 JULY 2017

"Seriously – This Is Your Last Chance"!

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Practical tips in drafting last chance agreements.

CanadaEmployment and HR

Steve, a production worker, was discharged after he "travelled" up the progressive discipline ladder for repeated violations of the company's rules. Joanne, a truck driver, had her employment terminated when she attended work under the influence of alcohol after having previously been given time off to attend a residential treatment program. Scott, a long-term employee with an otherwise clean record, lost his employment when he stole scrap metal from the plant. Christine? Well, she was discharged for the second time because she violated the agreement she entered into directly with her employer setting out terms of continued employment.

In each of the above cases, the employee's bargaining agent (union) filed a grievance seeking, among other things, reinstatement. And while the conduct of Steve, Joanne, Scott and Christine was obviously different, their respective employers are willing to give them one final chance to repair, and redeem, the employment relationship.

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