Grievance & Arbitration (13) Flashcards
Grievance
formal complaint lodged under a c.a. that alleges a contravention of the c.a.
Grievor
An employee who files a grievance
Mediation-arbitration
method of interest arbitration in which the arbitrator acts firstly as a mediator to try to help the parties reach an agreement, failing which the arbitrator issues a binding decision resolving the discipline
Estoppel
legal principle that prohibits a party from acting in a manner of taking a position that is contrary to a position that party has made in the past and that has been relied on by the other party
Res Judicata
legal principle that prohibits a party from re-litigating an issue that has already been raised in a prior proceeding
Last chance agreement
a type of settlement of a grievance challenging the termination of an employee that includes reinstatement of the employee subject to a condition that if the employee reoffends, then termination will be the consequence.
Three-person labour arbitration board
arbitration panel consisting of a person appointed by the employer, a person appointed by the union, and a “neutral” person, sometimes, appointed by the two sides.
culminating incident
the final breach of a contract by an employee following progressive discipline that an employer relies on to justify the termination of an employee for cause
sunset clause
clause in a c.a. or employment contract that wipes prior discipline from an employee’s record after a specified period of discipline free work
duty to mitigate
a legal obligation on the victim of a breach by the other party to make reasonable efforts to limit the amount of damages suffered as a consequence of the breach
direct testimony
testimony on something you witnessed yourself.
Ex: I heard the beers clink in her bag.
cross-examination testimony
Opposing party will interrogate the testimony.
Ex: How good is you hearing? (heard the beer bottles)
judicial review
the process through which the decision of an expert administrative tribunal is appealed to a court on the basis that the tribunal exceeded its authority or that the tribunal’s decision was wrong
doctrine of laches
do not sleep on you rights
if 7 days to grieve do not file @ day 10 :(
mitigating factors
personal or workplace related factors that, while not directly the cause of an employee’s behaviour, help explain or justify an employee’s behaviour
progressive discipline
Applications in stages by employers of progressively more serious discipline to correct performance problems
proportionality test
regarde le dossier de l’employé en comparaison à l’offense. Ecq merite vrm congédiement? ex: travailler 25 ans, sans prior discipline = ecq l’offense se mesure à ca?
Dépend de l’ampleur de l’acte.
