Common use of SEVEN TESTS OF JUST CAUSE Clause in Contracts

SEVEN TESTS OF JUST CAUSE. The basic underlying principle in disciplinary cases is that the employer must have "just cause" for imposing the disciplinary action. A common test for determining whether "just cause" existed was developed by Arbitrator Xxxxxxx X. Xxxxxxxxx in the Enterprise Wire case (46 LA 359, 1966 and 50 LA 83). The guidelines appear in condensed form below. A "no" answer to one or more questions may mean that just cause wither was not satisfied or at least was seriously weakened in that some arbitrary, capricious, or discriminatory element was present.

SEVEN TESTS OF JUST CAUSE. SEVEN TESTS OF JUST CAUSE The basic underlying principle in disciplinary cases is that the employer must have "just cause" for imposing the disciplinary action. A common test for determining whether "just cause" existed was developed by Arbitrator Xxxxxxx X. Xxxxxxxxx in the Enterprise Wire case (46 LA 359, 1966 and 50 LA 83). The guidelines appear in condensed form below. A "no" answer to one or more questions may mean that just cause wither was not satisfied or at least was seriously weakened in that some arbitrary, capricious, or discriminatory element was present.