Finding The Line In The Sand For Collective Agreement Cause

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Introduction

In the wake of a workplace incident, employers often face two difficult questions: is discipline required and, if so, what is the appropriate amount of discipline?

Two recent arbitration decisions consider incidents that led to dismissals and illustrate how arbitrators balance misconduct against mitigating workplace factors.

The decisions reveal that deliberate, deceptive conduct and acts of physical violence both sit at the wrong end of the misconduct spectrum but also that factors such as lengthy service without disciplinary history, genuine remorse shown by the worker and the surrounding circumstances will be considered by an arbitrator in mitigating discipline.