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All disciplinary action must be based on just cause. If challenged, supervisors must be able to show that the elements described below were met.

Forewarning

  • Did the employer give the employee forewarning of the possible or probable disciplinary consequences of the employee's conduct?

Reasonableness

  • Does the employer's rule or directive reasonably related to (a) the orderly, efficient, and safe operation of the employer's business, and (b) performance that the employer might properly expect of the employee?

Investigation

  • Did the employer, before administering the discipline to an employee, make an effort to discover whether the employee did in fact violate the rule or directive?

Fairness

  • Was the employer's investigation conducted fairly and objectively?

Proof

  • At the investigation, did management obtain substantial evidence that the employee was guilty as charged?

Consistency / Equal Treatment

  • Has the employer applied its rules, orders and penalties even-handedly and without discrimination to all employees?

Equity

  • Was the degree of discipline administered by the employer in a particular case reasonably related to:
    • the seriousness of the employee's proven offense (does the punishment fit the crime)?
    • the employee's work history/record?

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