Grievance & Arbitration (13)

Question 1

Grievance

Answer 1

formal complaint lodged under a c.a. that alleges a contravention of the c.a.

Question 2

Grievor

Answer 2

An employee who files a grievance

Question 3

Mediation-arbitration

Answer 3

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

Question 4

Estoppel

Answer 4

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

Question 5

Res Judicata

Answer 5

legal principle that prohibits a party from re-litigating an issue that has already been raised in a prior proceeding

Question 6

Last chance agreement

Answer 6

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.

Question 7

Three-person labour arbitration board

Answer 7

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.

Question 8

culminating incident

Answer 8

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

Question 9

sunset clause

Answer 9

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

Question 10

duty to mitigate

Answer 10

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

Question 11

direct testimony

Answer 11

testimony on something you witnessed yourself.

Ex: I heard the beers clink in her bag.

Question 12

cross-examination testimony

Answer 12

Opposing party will interrogate the testimony.

Ex: How good is you hearing? (heard the beer bottles)

Question 13

judicial review

Answer 13

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

Question 14

doctrine of laches

Answer 14

do not sleep on you rights

if 7 days to grieve do not file @ day 10 :(

Question 15

mitigating factors

Answer 15

personal or workplace related factors that, while not directly the cause of an employee’s behaviour, help explain or justify an employee’s behaviour

Question 16

progressive discipline

Answer 16

Applications in stages by employers of progressively more serious discipline to correct performance problems

Question 17

proportionality test

Answer 17

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.