Common use of Discharge for Just Cause Clause in Contracts

Discharge for Just Cause. A permanent employee is one who has completed the probationary period. No permanent employee may be discharged without just cause. The following seven (7) test questions will be used to determine just cause for discharge. a. Did the supervisor give to the employee forewarning or foreknowledge of possible or probable disciplinary consequences of the employee’s conduct? b. Was the University’s rule or managerial order reasonably related to (1) the orderly, efficient, and safe operation of the department’s business, and (2) the performance that the supervisor might properly expect of the employee? c. Did the supervisor, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? d. Was the University’s investigation conducted fairly and objectively? e. During the investigation, did the “judge” obtain substantial evidence or proof that the employee was guilty as charged? f. Has the department applied its rules, orders and penalties evenhandedly and without discrimination to all employees? g. Was the degree of discipline administered by the supervisor in a particular case reasonably related to (1) the seriousness of the employee’s proven offense, and (2) the record of the employee in his service with the University?

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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